To the middle manager suffering from stomach aches because a subordinate says, 'It's a typhoon tomorrow, so we're off, right?' without a hint of malice: The 'boundary of special leave' and smart ways to respond.

■ Another headache before the storm

"Nigihaya-san, do you have a moment? It looks like a major typhoon is going to hit us directly tomorrow... which means we're off tomorrow, right? It's a company decision, so it'll be special leave (paid), right!"

At 5:00 PM, while I was checking tomorrow's transit information and news on my smartphone, a subordinate looked into my face with sparkling eyes, as if they had discovered a "natural right" without any malice.

At that moment, my stomach tightened with a sharp sound. (Wait? We have an important delivery to a client first thing tomorrow morning, don't we...? What about replacement staff? And the company hasn't even issued a notice saying 'everyone is off tomorrow' yet...)

As various plans swirled in my head, I feared that if I clumsily said, 'No, please come to work,' I might be labeled a 'black company' or accused of 'violating the duty of safety consideration' behind my back. On the other hand, I could see a future where my boss would press me, asking, 'How is the progress for tomorrow?'

In the end, all I could do was give a strained smile and mumble, "Ah, haha... I'll check with the company's upper management," trying to gloss over the situation.

■ To you, who spends sleepless nights caught in the middle

Thank you for your hard work. You managed to stay in that seat for another day. I've brewed some warm coffee, so first, please take a load off, tuck your shoulders into the back of your desk drawer, and take a slow breath.

That story is exactly my own, the one I used to face—and still do sometimes. Every time a disaster like a typhoon or heavy snow approaches, while the rest of the world is a little excited thinking, 'Maybe we'll get the day off!', we middle managers are caught between 'filling the gaps in operations,' 'managing subordinates' labor,' and 'pressure from above,' leaving us unable to sleep at all the night before.

■ Subordinates' 'sense of entitlement' and the 'reality of the law'

But first, let me say this clearly. You don't need to blame yourself even one millimeter for 'not being able to respond well to your subordinate' or 'not being able to control the situation.'

This is not due to a lack of leadership on your part, but a structural trap caused by the 'asymmetry of information' and the 'bubble of entitlement' that our current era holds.

The younger generation today is bombarded with massive amounts of fragmented legal knowledge from social media and online news, such as 'companies that make you come to work on typhoon days are evil' and 'it's a violation of the duty of safety consideration.' However, they don't know the practical rules that lie 'behind' the law.

Meanwhile, the company's upper management throws responsibility away with the convenient phrase, 'Leave it to the judgment of the site.' In other words, the current middle manager is being forced to fight unarmed against subordinates armed with emotions and partial knowledge, without being given the 'weapon' of practical legal knowledge. No wonder your stomach hurts.

Speaking dryly about the reality of the law as a labor professional, there is no obligation under the Labor Standards Act for a company to provide special leave (paid) just because there is a typhoon.

■ A 'defensive line' that is neither emotional nor a policy of avoiding trouble

While I 100% agree with the subordinate's desire to 'protect their safety,' as someone in charge of an organization, if you make casual special exceptions, it will create a sense of unfairness among other members who are working diligently at the office or from home, and the workplace will collapse.

The important thing is not to reject them with emotional arguments (power harassment risk), nor to be swept away as told (operational collapse risk). It is to draw a line coldly and smartly, using the 'legal facts' and 'company regulations' as an absolute defensive line.

From here on, I will share in manual format the [3-step talk script] that you can use the moment you are told, 'It's a typhoon tomorrow, so we're off, right?', which I have polished while surviving many crises in the field of labor, as well as a [Labor Legal Checklist] to ensure you don't back down even an inch legally.

Only those who truly want to graduate from being nervous every time a typhoon forecast is issued should proceed. I will quietly put this in your desk drawer as a charm.

■ Practical typhoon response manual for the workplace

From here on, I will present this as a 'practical manual' that completely excludes emotional arguments and is based on law (Labor Standards Act and Civil Code).

1. Super Important: Legal principles of typhoon-related leave

First, as a premise, let's drill the legal principles regarding leave during typhoons into your head. If you waver here, your subordinates will refute you.

• ① When the entire company is on 'planned leave' When the company decides to close everyone down, it becomes a company-side issue (reasons attributable to the employer). Based on Article 536, Paragraph 2 of the Civil Code or Article 26 of the Labor Standards Act, it is basically necessary to pay 'leave allowance (at least 60% of the average wage)' or apply special leave stipulated by the company.

• ② When the company is open, but you take leave based on 'personal judgment' due to paralyzed transportation, etc. This is treated as 'force majeure (absence)' or 'consumption of the individual's paid leave' under the law. The company has no legal obligation to automatically grant 'paid leave (100% paid special leave)'.

2. [Step 1] Present the wall of law and work rules (Talk script)

If a subordinate asks, 'We're off tomorrow, right? (It's special leave, right?)', first, without inserting your own subjectivity, return the following [magic phrase] as is.

[Practical points]

• Insert 'gratitude and empathy' for one second: By including 'Thank you for worrying about safety,' you completely eliminate the risk of being accused of power harassment.

• Make the subject 'the company (work rules)': Instead of saying 'I am saying no,' shift the structure to 'This is what the company rules (work regulations) say.'

3. [Step 2] 'Three options' for the subordinate to choose from

If the company does not announce a company-wide closure, present the following three routes to the subordinate and let them choose (preventing later dissatisfaction by having them make the decision themselves).

• Option 1: Taking regular paid leave

  • Salary treatment: 100% paid

  • Legal and practical points to note: Even if it is a last-minute application, because there is a reason like a typhoon, it is practically safer for the company to approve it willingly without using the 'right to change the designated period (change order)'.

• Option 2: Switching to working from home (remote work)

  • Salary treatment: 100% paid

  • Legal and practical points to note: If the work can be done from home, this is the most recommended option. Instruct them by saying, 'It's dangerous to commute, so please work on these tasks from home.'

• Option 3: Normal commute (considering public transportation)

  • Salary treatment: 100% paid

  • Legal and practical points to note: If you have them come to the office, the company (you) incurs a 'duty of safety (Article 5 of the Labor Contract Act).' Be sure to add, 'We won't count it as late if you have a delay certificate, so please come in safely without pushing yourself.'

4. [Step 3] 'Consulting' with upper management and aligning with the front lines

While presenting the above options to your subordinates, you should simultaneously confirm with HR or upper management using the following format (to keep evidence).

If upper management replies with 'decide on the front lines,' apply [Option 1 or 2] above to your subordinates. This is your strongest line of defense to protect yourself while also protecting the safety of your subordinates.

■ Donning the gown of law and kindness

How was that? Behind the words 'We're off tomorrow, right?' lies not malice, but a simple human desire to 'protect one's own safety (and gain an advantage if possible).'

That is precisely why we don't need to get angry emotionally, nor do we need to force ourselves to bend company rules to be liked. You can just calmly put on the gown of law and kindness and handle it like an adult.

You, who are worried about the safety of your subordinates and also worried about company operations, and are suffering from being caught in the middle. Just for that, you are already a wonderful middle manager. Please praise yourself more.

It looks like it will be a storm outside, but there is no need to let it storm inside your heart. Take a warm bath, eat something delicious tonight, and get a good night's sleep. Let's continue to fight flexibly and smartly starting tomorrow.

■ Click here if you are troubled by power harassment remarks from subordinates

■ Click here if you are wondering, 'What is nursing care leave?'

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