How should a home-visit nursing station design its on-call (standby) allowance?

In short: Whether on-call (standby) time counts as working time turns on whether the worker is under the employer's direction during standby and the free use of that time is not guaranteed. Time actually spent working after a call-out is working time, and if it falls in overtime, late-night, or holiday hours it requires premium wages (Labour Standards Act, Article 37). Paying a standby allowance does not by itself remove the duty to pay premium wages. Whether a specific standby period counts as working time is ultimately decided by the Labour Standards Inspection Office or the courts.

"We pay a set monthly amount for on-call, so that should be enough," "on nights with no call-out they weren't working, so no wages are due" — in home-visit nursing workplaces, standby and actual work are often blurred, and unpaid premium wages get pointed out later. This article, for managers and owners of home-visit nursing stations, sets out the working-time nature of on-call standby, how to separate the standby allowance from premium wages, how it counts toward the 2.5 full-time equivalent, and how to treat travel and record-keeping time.

Does on-call (standby) time count as working time?

It is decided by "whether the time is theirs to use freely." You cannot say across the board that "standby is never working time" or that "all standby is working time."

The framework is set by the Osaka-Building Management case (Supreme Court, First Petty Bench, judgment of 28 February 2002, Minshu Vol. 56 No. 2 p. 361), where the working-time nature of nap time was disputed. The Supreme Court held that where the worker is obligated to engage in actual work during nap time, such as responding to alarms, and free use of that time is not guaranteed — so the worker is found to be under the employer's direction — that time counts as working time under Article 32 of the Labour Standards Act.

Applied to on-call, it divides as follows.

Standby state	Does it count as working time (approach)?
Standby confined to the office, unable to spend the time freely	If under direction, it can be working time
Standby at home: they respond when a call comes, but until then can eat, bathe, sleep, and live an ordinary private life	If the degree of restraint is low, the standby itself is generally not working time
Ordered to do actual work during standby — phone response, records, online advice	That actual-work time is working time
Called out to a user's home and provided nursing care	The actual work from dispatch to return is working time

On-call from home, where the degree of restraint is low, is often treated as not working time for the standby itself; but where restraint is strong — frequent calls, a ban on drinking or going out — the assessment can change. Whether a specific standby counts as working time is decided by the Labour Standards Inspection Office or the courts in light of the actual situation.

How do you separate the standby allowance from premium wages when called out?

Design them separately. An allowance for "having stood by" and wages for "having actually worked" are different in nature.

Many stations pay a fixed on-call allowance per standby (per night) and pay wages for the actual work separately for the time actually spent after a call-out. If the dispatch falls in late-night hours (10 p.m. to 5 a.m.), late-night premium applies; if it exceeds statutory hours, overtime premium; if it falls on a statutory holiday, holiday premium.

Type of payment	Nature	Premium needed?
On-call allowance (fixed per standby)	Allowance for responding to standby	Not subject to premium if the standby is not working time; set it in the work and wage rules
Wages for call-out work	Wages for time actually worked	If it falls in overtime, late-night, or holiday hours, premium wages (Labour Standards Act, Article 37)

The point to watch is that you cannot treat "we pay a standby allowance, so no premium wages are due." The standby allowance is consideration for standby; premium wages are the statutory payment for actual work — they are different. For the concept of premium wages and overtime management, see what you need to have workers do overtime (how far a 36 agreement goes); for separating this from night and on-call duty, see also how night duty and on-call duty differ in the treatment of working time.

How does the on-call staffer count toward the 2.5 full-time equivalent?

The full-time equivalent is found by dividing that staffer's working hours by a full-time worker's set hours. So whether on-call can be counted toward the equivalent is the same question as "does that standby time count as working (working-time) hours."

The staffing standard for a designated home-visit nursing station is set by the standards for designated home services (Ministry of Health and Welfare Ordinance No. 37 of 1999): nursing staff (public health nurses, nurses, assistant nurses) must be placed at 2.5 or more by the full-time-equivalent method, at least one of them full-time, and the manager is in principle a full-time public health nurse or nurse.

Time	How it counts toward the equivalent (approach)
At-home standby where the standby itself is not working time	Not included in working hours, so not counted toward the equivalent
Actual work providing care after a call-out	Counted as working hours
Ordered actual work during standby — records, phone response	Counted if it amounts to working time

In other words, merely "having an on-call staffer" is not counted toward the 2.5; the time actually worked accumulates. Because meeting the staffing standard and the concrete way of counting the equivalent also depend on the interpretation of the designating authority (the prefecture, etc.), confirm individual calculations with the latest primary sources and the authority's guidance.

How are travel time and record-keeping time treated?

Travel to the office or a user's home after a call-out, and the time to write up nursing records afterward, also count as working time if under direction, and are subject to wages.

A call-out dispatch is travel for work on the employer's instruction, so that travel time is in principle working time. Writing up nursing records and reports after a visit also counts as working time if obligated as work and done under direction and supervision. You also need to confirm that the hourly wage over the total working time including these does not fall below the minimum wage.

The order for setting this up is as follows.

1. Define standby and actual work: state in writing which state is standby (subject to the allowance) and where actual work (subject to wages and premium) begins, in line with the Osaka-Building Management framework.
2. Write the on-call allowance and actual-work wages in the wage rules: set the allowance per standby, the unit for actual work, and the late-night, overtime, and holiday premiums.
3. Record call-outs, travel, and records: keep the call time, the time from dispatch to return, and the record-keeping time objectively. Without records, the office tends to be at a disadvantage if a dispute arises.
4. Confirm you do not fall below the minimum wage: check that the amount divided over total working time including actual work, travel, and records is at or above the region's minimum wage.

Putting the wage rules, a 36 agreement, and working-time management in order is the work of a Shakai Hoken Roumushi. For the treatment of travel between visits, see also does home-care travel and standby time count as working time.

Who handles the designation application, wage disputes, and tax?

Setting up and running a home-visit nursing station involves several qualified professionals in separate roles.

Matter	In charge
Design of the on-call allowance and premium wages, work and wage rules, 36 agreement, working-time management	Shakai Hoken Roumushi
Designation application (documents meeting the 2.5 staffing and manager standards), notifications to the authority	Gyoseishoshi
Cases that have become disputes, such as claims for already-accrued unpaid premium wages	Attorney
Withholding and tax arising from the wage design	Tax accountant

Notifications on designation standards and staffing are handled by a Gyoseishoshi (Yotsuba Gyoseishoshi Office is an entity independent of this office, engaged under a separate contract), disputes over unpaid wages are the domain of an attorney, and tax is the domain of a tax accountant. Whether the designation itself is granted is decided by the designating authority (the prefecture, etc.).

Frequently asked questions

Q. If we pay a monthly on-call allowance, do we not have to pay premium wages?
A. No. The on-call allowance is an allowance for responding to standby, and is different from the premium wages (Labour Standards Act, Article 37) for time actually worked after a call-out. If the dispatch falls in late-night, overtime, or holiday hours, premium wages are due on the actual work. Paying the allowance alone does not remove the premium duty.

Q. Is all at-home on-call standby time working time?
A. Not necessarily. If the worker stands by at home, responds when a call comes, and until then can eat, bathe, sleep, and live an ordinary private life, the standby itself is often treated as not working time. On the other hand, where calls are frequent or going out and drinking are banned, the assessment can change. The individual decision is made by the Labour Standards Inspection Office or the courts.

Q. If we assign an on-call staffer, do they count toward the 2.5 full-time equivalent?
A. Merely standing by is not counted. Because the equivalent is found by dividing the staffer's working (working-time) hours by full-time set hours, at-home standby that is not working time is not included. The actual work time after a call-out, and ordered actual work during standby, accumulate as working time.

Q. Are wages needed for travel time to a user's home after a call-out?
A. Call-out travel is work travel on the employer's instruction, so it is in principle working time and subject to wages. Writing up records after a visit is also working time if obligated as work and done under direction and supervision. Confirm too that the hourly wage over the total working time including these does not fall below the minimum wage.

Sources

• Labour Standards Act, Article 32 (working hours). It provides that, in principle, an employer must not have a worker work more than 8 hours a day or 40 hours a week (e-Gov Law Search, Labour Standards Act, Act No. 49 of 1947; accessed 3 September 2026).
• Labour Standards Act, Article 37 (premium wages for overtime, holiday, and late-night work). It obligates premium wages at or above the rate set by cabinet order for overtime, holiday, and late-night (10 p.m. to 5 a.m.) work. If the time actually worked after a call-out falls in these, premium wages are due (e-Gov Law Search, Labour Standards Act, Act No. 49 of 1947; accessed 3 September 2026).
• Osaka-Building Management case (Supreme Court, First Petty Bench, judgment of 28 February 2002, Minshu Vol. 56 No. 2 p. 361). It held that where a worker is obligated to engage in actual work during nap time and free use of that time is not guaranteed — so the worker is under the employer's direction — that time counts as working time under Article 32. It is referred to as the framework for judging the working-time nature of on-call standby (Supreme Court of Japan; accessed 3 September 2026).
• Standards for personnel, equipment, and operation of designated home services (Ministry of Health and Welfare Ordinance No. 37 of 1999). It provides that a designated home-visit nursing station place nursing staff (public health nurses, nurses, assistant nurses) at 2.5 or more by the full-time-equivalent method, at least one full-time, with the manager in principle a full-time public health nurse or nurse (e-Gov Law Search; accessed 3 September 2026).
• Whether a specific on-call standby counts as working time, and the concrete way of counting the full-time equivalent, are judged in light of the actual situation and the designating authority's interpretation. Meeting the staffing standard and designing premium wages require confirmation grounded in the latest primary sources (the Ministry of Health, Labour and Welfare, the designating authority's guidance, etc.) and individual circumstances.

This article does not decide whom to consult. Designing the on-call allowance and premium wages, putting the work and wage rules in order, the 36 agreement, and working-time management are the work of a Shakai Hoken Roumushi. The designation application and staffing notifications are the domain of a Gyoseishoshi, disputes such as unpaid-wage claims are the domain of an attorney, and tax is the domain of a tax accountant. For fees when consulting 四葉社会保険労務士事務所, see the fee schedule; for frequently asked questions, see the FAQ.

This article is general information. Whether an individual standby counts as working time is decided by the Labour Standards Inspection Office or the courts. Whether the system applies and individual procedures are handled by a qualified professional after a consultation, in light of the latest primary sources (the Ministry of Health, Labour and Welfare, etc.) and individual circumstances. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).