BACK

Enforcement Regulations for the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members, Including Child Care and Family Care Leave

(Ministry of Labour Ordinance No. 25 of Oct. 15, 1991)
Chapter I. General Provisions
Chapter II. Child Care Leave
Chapter III. Family Care Leave
Chapter III-2. Limitation on Extension of Working Hours
Chapter III-3. Limitation on night work
Chapter IV. Measures That Employers Should Endeavor to Adopt
Chapter V. Designated Juridical Person
Chapter VI. Miscellaneous Provisions


CHAPTER I. GENERAL PROVISIONS

Period Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 2, Numbered Item 3 of the Law

Article 1.The period provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 2, numbered item 3 of the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members, Including Child Care and Family Care Leave (hereinafter referred to as the "Law") shall be not less than two weeks.

Persons Deemed by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 2, Numbered Item 4 of the Law

Article 2.The persons deemed by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 2, numbered item 4 of the Law shall be a grandparent, brother, sister, or grandchild who co-resides with and is a dependent of the worker.

Relatives Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 2, Numbered Item 5 of the Law

Article 3.The relatives provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 2, numbered item 5 of the Law shall be co-resident relatives (excluding subject family members as defined in numbered item 4 of the same Article [hereinafter referred to as "Subject Family Members"]).


CHAPTER II. CHILD CARE LEAVE

Special Circumstances Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 5, Paragraph 1 of the Law

Article 4.The special circumstances provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 5, paragraph 1 of the Law shall be the circumstances listed in any of the following numbered items:

(1) with respect to a worker who has made application for child care leave as provided for in Article 5, paragraph 2 of the Law (hereinafter referred to as "application for child care leave"), a period of child care leave provided for in Article 9, paragraph 1 of the Law (hereinafter referred to as "term of child care leave") has ended due to the starting of a term of leave based on the provisions of paragraph 1 or paragraph 2 of Article 65 of the Labour Standards Law (Law No. 49 of 1947) (hereinafter referred to as "term of maternity leave"), and, on or before the ending day of said term of maternity leave or a term of child care leave involving a child or children to whom said worker gave birth during said term of maternity leave, the said child or said children have either [a] died, or [b] ceased to co-reside with said worker due to adoption or other circumstance;

(2) with respect to a worker who has made application for child care leave, a term of child care leave has ended due to the starting of a new term of child care leave (referred to hereafter in this numbered item as the "new term"), and, on or before the ending day of said new term, the circumstances listed in either [a] or [b] of the preceding numbered item arise with respect to the child or the children involved in said new term of child care leave;

(3) with respect to a worker who has made application for child care leave, a term of child care leave has ended due to the starting of a period of family care leave provided for in Article 15, paragraph 1 of the Law (hereinafter referred to as "term of family care leave"), and, on or before the ending day of said term of family care leave, the Subject Family Member involved in said term of family care leave has either [a] died or [b] ceased to have a family relationship with the worker who made application for family care leave (this refers to the application for family care leave provided for in Article 11, paragraph 2 of the Law; the same applies hereinafter) due to divorce, annulment of marriage, dissolution of adoption, or similar reason.

Method of Application for Child Care Leave, Etc.

Article 5.Application for child care leave shall be made by submitting to the employer a written application stating the following items:

(1) the date of the application for child care leave;

(2) the name of the worker who is making the application for child care leave;

(3) the name and date of birth of the child involved in the application for child care leave, and the relationship between said child and the worker referred to in the preceding numbered item (in the event that the child involved in the application for child care leave has not been born at the time of said application, the name of the person who is due to give birth to said child, the expected date of birth of said child, and the relationship between said person and the worker referred to in the preceding numbered item);

(4) the day defined as the starting day of the period involved in the application for child care leave (hereinafter referred to as "scheduled starting day of the term of child care leave"), and the day defined as the ending day of said period (hereinafter referred to as "scheduled ending day of the term of child care leave");

(5) in the event that the worker who is making application for child care leave has a child aged less than one year who is not the child involved in said application, the said child's name, date of birth, and relationship with said worker;

(6) in the event that the child involved in the application for child care leave is adopted, the day on which the adoption came into effect;

(7) in the event that the circumstances listed in any of the numbered items of the preceding Article exist, the facts pertaining to said circumstances;

(8) in the event that the circumstances listed in any of the numbered items of Article 9 have arisen, the facts pertaining to said circumstances; and

(9) in the event that the circumstances listed in any of the numbered items of Article 18 exist, the facts pertaining to said circumstances.

2. Upon receiving an application for child care leave provided for in the preceding paragraph, the employer may require submission of documents that can certify the fact of pregnancy, or the fact of the birth or adoption of the child involved in said application, or the facts referred to in any of numbered items 7 through 9 of the same paragraph.

3. In the event that the child involved in the application for child care leave is born after said application is made, the worker who made said application shall notify the employer promptly in writing of said child's name, date of birth, and relationship with said worker. In such case, the employer may require said worker to submit documents that can certify the birth of said child.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 6, Paragraph 1, Numbered Item 2 of the Law

Article 6.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 6, paragraph 1, numbered item 2 of the Law shall be a person to whom all of the following numbered items apply:

(1) a person who is not engaged in an occupation (including a person who is not working due to child care leave or other leave, and a person whose number of working days per week is not more than that determined by the Minister of Health, Labour and Welfare to be a very small number);

(2) a person who is not in a condition which makes it difficult to take care of the child involved in the application for child care leave due to injury, illness, or physical or mental disability;

(3) a person who is not due to give birth within 6 weeks (in the event of a multiple pregnancy, 14 weeks) and who has not given birth less than 8 weeks previously; and

(4) a person who is co-residing with the child involved in the application for child care leave.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 6, Paragraph 1, Numbered Item 3 of the Law

Article 7.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 6, paragraph 1, numbered item 3 of the Law shall be a person who falls into any of the following categories:

(1) a worker with respect to whom it is clear that the employment relationship will end within one year calculated from the day on which the application for child care leave was received;

(2) a worker whose prescribed number of working days per week is not more than that determined by the Minister of Health, Labour and Welfare to be a very small number;

(3) a worker who is making application for child care leave in the event that all of the numbered items of the preceding Article apply to a person who is a parent of the child involved in said application and who is neither said worker nor the spouse of said worker.

Procedure, Etc., in the Case of the Proviso of Article 6, Paragraph 1 of the Law)

Article 8.When an employer refuses a worker's application for child care leave in accordance with the proviso of Article 6, paragraph 1 of the Law, and when an employer ends a worker's child care leave because any of the provisions of the same proviso with respect to workers who cannot take child care leave has come to apply to said worker, the necessary procedure and other matters shall be in accordance with the provisions of the written agreement referred to in the same proviso.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 6, Paragraph 3 of the Law

Article 9.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 6, paragraph 3 of the Law shall be as follows:

(1) the birth of a child before the expected date of birth;

(2) the death of a spouse who is a parent of the child involved in the application for child care leave (hereinafter referred to as "Spouse");

(3) a situation having arisen in which a Spouse, due to injury or sickness, has difficulty in taking care of the child involved in the application for child care leave;

(4) a Spouse having ceased to co-reside with the child involved in the application for child care leave.

Day Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 6, Paragraph 3 of the Law

Article 10.The day provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 6, paragraph 3 of the Law shall be the day on which one week will have passed calculated from the day following that on which the application for child care leave was received.

Designation Provided for in Article 6, Paragraph 3 of the Law

Article 11.The designation provided for in Article 6, paragraph 3 of the Law shall be made by issuing, on or before the day defined as the scheduled starting day of child care leave (in the event that such day is a day after that on which three days will have passed calculated from the day following the day when the application for child care leave was received, the said day on which three days will have passed), a document stating the day designated as the scheduled starting day of child care leave to the worker who made application for child care leave.

Application for Change of the Scheduled Starting Day of Child Care Leave

Article 12.The application for change of the scheduled starting day of child care leave provided for in Article 7, paragraph 1 of the Law (referred to hereafter in this Article and Article 14 as "Application for Change") shall be made by submitting in writing to the employer an Application for Change stating the following items:

(1) the date of the Application for Change;

(2) the name of the worker who is making the Application for Change;

(3) the post-change scheduled starting day of child care leave; and

(4) the facts pertaining to the reason for making the Application for Change.

2. Upon receiving an Application for Change as provided for in the preceding paragraph, the employer may require the worker who made said Application for Change to submit documents that can certify the facts listed in numbered item 4 of the preceding paragraph.

Period Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 7, Paragraph 2 of the Law

Article 13.The period provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 7, paragraph 2 of the Law shall be one week.

Designation Provided for in Article 7, Paragraph 2 of the Law

Article 14.The designation provided for in Article 7, paragraph 2 of the Law shall be made by issuing, on or before the day defined as the post-change scheduled starting day of child care leave (in the event that such day is a day after that on which three days will have passed calculated from the day following the day when the Application for Change was received, the said day on which three days will have passed), a document stating the day designated as the scheduled starting date of child care leave to the worker who made the Application for Change.

Day Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 7, Paragraph 3 of the Law

Article 15.The day provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 7, paragraph 3 of the Law shall be the day one month before the day defined in the application for child care leave as the scheduled ending day of child care leave.

Application for Change of the Scheduled Ending Day of Child Care Leave

Article 16.The application for change of the scheduled ending day of child care leave provided for in Article 7, paragraph 3 of the Law (referred to hereafter in this Article as "Application for Change") shall be made by submitting in writing to the employer an Application for Change stating the following items:

(1) the date of the Application for Change;

(2) the name of the worker who is making the Application for Change; and

(3) the post-change scheduled ending day of child care leave.

Withdrawal of Application for Child Care Leave

Article 17.The withdrawal of application for child care leave provided for in Article 8, paragraph 1 of the Law shall be made by submitting to the employer a document stating that the application is withdrawn and the date of withdrawal.

Special Circumstances Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 8, Paragraph 2 of the Law

Article 18.The special circumstances provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 8, paragraph 2 of the Law shall be the circumstances listed in any of the following numbered items:

(1) the death of a Spouse;

(2) a situation having arisen in which a Spouse, due to injury, illness, or physical or mental disability, has difficulty in taking care of the child involved in the application for child care leave;

(3) a Spouse having ceased to co-reside with the child involved in the application for child care leave due to annulment of marriage or other circumstance.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 8, Paragraph 3 of the Law

Article 19.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 8, paragraph 3 of the Law shall be as follows:

(1) the death of the child involved in the application for child care leave;

(2) in the event that the child involved in the application for child care leave is adopted, dissolution or cancellation of the adoption;

(3) the worker who made application for child care leave and the child involved in said application having ceased to co-reside due to adoption of said child or other circumstance; or

(4) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made application for child care leave cannot take care of the child involved in said application during the period while said child is less than one year old.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 9, Paragraph 2, Numbered Item 1 of the Law

Article 20.The provisions of the preceding Article shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 9, paragraph 2, numbered item 1 of the Law.


CHAPTER III. FAMILY CARE LEAVE

Special Circumstances Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 11, Paragraph 1 of the Law

Article 21.The special circumstances provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 11, paragraph 1 of the Law shall be the circumstances listed in any of the following numbered items:

(1) with respect to a worker who has made application for family care leave, a term of family care leave has ended due to the starting of a new term of family care leave, and, on or before the ending day of said new term of family care leave, the Subject Family Member involved in said new term of family care leave has either [a] died or [b] ceased to have a family relationship with the worker who made application for family care leave, due to divorce, annulment of marriage, dissolution of adoption, or similar reason;

(2) with respect to a worker who has made application for family care leave, a term of family care leave has ended due to the starting of a term of maternity leave or a term of child care leave, and, on or before the ending day of said term of maternity leave (including a term of child care leave involving a child or children to whom said worker gave birth during said term of maternity leave; the same applies hereafter in this numbered item) or term of child care leave, the circumstances listed in either [a] or [b] of numbered item 1 of Article 4 arise with respect to the child or the children involved in said term of maternity leave or term of child care leave.

Method of Application for Family Care Leave, Etc.

Article 22.Application for family care leave shall be made by submitting to the employer a written application stating the following items:

(1) the date of the application for family care leave;

(2) the name of the worker who is making the application for family care leave;

(3) the name of the Subject Family Member involved in the application for family care leave, and his or her relationship with the worker referred to in the preceding numbered item;

(4) in the event that the Subject Family Member involved in the application for family care leave is a grandparent, brother, sister, or grandchild, the fact that said Subject Family Member co-resides with and is a dependent of the worker referred to in numbered item 2;

(5) the fact that the Subject Family Member involved in the application for family care leave is in need of care (as defined in Article 2, numbered item 3 of the Law; the same applies hereinafter);

(6) the day defined as the starting day of the period involved in the application for family care leave (hereinafter referred to as "scheduled starting day of the term of family care leave"), and the day defined as the ending day of said period (hereinafter referred to as "scheduled ending day of the term of family care leave"); and

(7) in the event that the circumstances listed in any of the numbered items of the preceding article exist, the facts pertaining to said circumstances.

2. Upon receiving an application for family care leave provided for in the preceding paragraph, the employer may require the worker who made said application to submit documents that can certify the facts referred to in any of numbered items 3 through 5 and numbered item 7 of the same paragraph.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 6, Paragraph 1, Numbered Item 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 12, Paragraph 2 of the Law

Article 23.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 6, paragraph 1, numbered item 3 of the Law when applied mutatis mutandis as prescribed in Article 12, paragraph 2 of the Law shall be a person who falls into either of the following categories:

(1) a worker with respect to whom it is clear that the employment relationship will end within three months calculated from the day following the day on which the application for family care leave was received;

(2) a worker provided for in Article 7, numbered item 2.

Procedure, Etc., in the Case of the Proviso of Article 6, Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 12, Paragraph 2 of the Law

Article 24.The provisions of Article 8 shall apply mutatis mutandis with respect to the procedure and other matters in the case of the proviso of Article 6, paragraph 1 of the Law when applied mutatis mutandis as prescribed in Article 12, paragraph 2 of the Law.

Designation Provided for in Article 12, Paragraph 3 of the Law

Article 25.The designation provided for in Article 12, paragraph 3 of the Law shall be made by issuing, on or before the day defined as the scheduled starting day of family care leave (in the event that such day is a day after that on which three days will have passed calculated from the day following the day when the application for family care leave was received, the said day on which three days will have passed) a document stating the day designated as the scheduled starting day of family care leave to the worker who made application for family care leave.

Day Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 7, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 13 of the Law

Article 26.The day provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 7, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 13 of the Law shall be the day two weeks before the day defined in the application for family care leave as the scheduled ending day of family care leave.

Application for Change of the Scheduled Ending Day of Family Care Leave

Article 27.The provisions of Article 16 shall apply mutatis mutandis with respect to the application for change of the scheduled ending day of family care leave provided for in Article 7, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 13 of the Law.

Withdrawal of Application for Family Care Leave

Article 28.The provisions of Article 17 of the Law shall apply mutatis mutandis with respect to the withdrawal of an application for family care leave provided for in Article 14, paragraph 1 of the Law.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 8, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 14, Paragraph 3 of the Law

Article 29.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 8, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 14, paragraph 3 of the Law shall be as follows:

(1) the death of the Subject Family Member involved in the application for family care leave;

(2) the Subject Family Member involved in the application for family care leave having ceased to have a family relationship with the worker who made said application, due to divorce, annulment of marriage, dissolution of adoption, or similar reason; or

(3) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made application for family care leave cannot take care of the Subject Family Member involved in said application during the period until the day on which three months will have passed, as provided for in Article 15, paragraph 1 of the Law, that is involved in said application for family care leave.

Measures Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 15, Paragraph 1, Numbered Item 2 of the Law

Article 30.The measures provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 15, paragraph 1, numbered item 2 of the Law shall be measures which are among those set forth in any of the numbered items of Article 34, paragraph 2 and with respect to which the employer has clearly stated to the worker(s) subject thereto the initial day on which said measures were first taken.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 15, Paragraph 3, Numbered Item 1 of the Law

Article 31.The provisions of Article 29 shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 15, paragraph 3, numbered item 1 of the Law.


CHAPTER III-2. LIMITATION ON EXTENSION OF WORKING HOURS

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered Item 2 of the Law

Article 31-2.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 1, numbered item 2 of the Law shall be a person to whom all of the following numbered items apply:

(1) a person who is not engaged in an occupation (including a person who is not working due to child care leave or other leave, and a person whose prescribed number of working days per week is not more than two);

(2) a person who is not in a condition which makes it difficult to take care of the child involved in the request provided for in Article 17, paragraph 1 due to injury, illness, or physical or mental disability;

(3) a person who is not due to give birth within 6 weeks (in the event of a multiple pregnancy, 14 weeks) and who has not given birth less than 8 weeks previously; and

(4) a person who is co-residing with the child involved in the request.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered Item 3 of the Law

Article 31-3.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 1, numbered item 3 of the Law shall be a person who falls into either of the following categories:

(1) a worker whose prescribed number of working days per week is not more than two; or

(2) a worker who is making a request for limitation of extension of working hours in the event that all of the numbered items of the preceding article apply to a person who is a parent of the child involved in said request and who is neither said worker nor the spouse of said worker.

Method, Etc. of the Request Provided for in Article 17, Paragraph 1 of the Law

Article 31-4.The request shall be made by submitting to the employer a document stating the following items:

(1) the date of the request;

(2) the name of the worker who is making the request;

(3) the name and date of birth of the child involved in the request, and the relationship between said child and the worker referred to in the preceding numbered item (in the event that the child involved in the request has not been born at the time of said request, the name of the person who is due to give birth to said child, the expected date of birth of said child, and the relationship between said person and the worker referred to in the preceding numbered item);

(4) the days defined as the starting day and the ending day of the limitation period involved in the request (here and hereinafter in this Chapter, this refers to the "limitation period" provided for in Article 17, paragraph 2);

(5) in the event that the child involved in the request is adopted, the day on which the adoption came into effect; and

(6) the fact that there exists no person provided for in Article 31-2, and the fact that Article 31-3, numbered item 2 does not apply to the worker making the request.

2. Upon receiving a request provided for in the preceding paragraph, the employer may require the worker who made said request to submit documents that can certify the fact of pregnancy, or the fact of the birth or adoption of the child involved in said request, or the facts referred to in any of numbered item 6 of the same paragraph.

3. In the event that the child involved in the request is born after said request is made, the worker who made said request shall notify the employer promptly in writing of said child's name, date of birth, and relationship with said worker. In such case, the employer may require said worker to submit documents that can certify the birth of said child.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 3 of the Law

Article 31-5.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, Paragraph 3 of the Law shall be as follows:

(1) the death of the child involved in the request;

(2) in the event that the child involved in the request is adopted, dissolution or cancellation of the adoption;

(3) the worker who made the request and the child involved in said request having ceased to co-reside due to adoption of said child or other circumstance; or

(4) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made the request cannot take care of the child involved in said request during the period until the ending day of the limitation period involved in said request.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 4, Numbered Item 1 of the Law

Article 31-6.The provisions of the preceding article shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 4, numbered item 1 of the Law.

Person Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered Item 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 18, Paragraph 1 of the Law

Article 31-7.The provisions of Article 31-3, numbered item 1 shall apply mutatis mutandis with respect to the person provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 1, numbered item 3 of the Law when applied mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law.

Method, Etc. of the Request Provided for in Article 17, Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 18, Paragraph 1 of the Law

Article 31-8.The request provided for in Article 17, paragraph 1 of the Law when applied mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law shall be made by submitting to the employer a document stating the following items:

(1) the date of the request;

(2) the name of the worker making the request;

(3) the name of the Subject Family Member involved in the request, and the relationship between said Subject Family Member and the worker referred to in the preceding numbered item;

(4) in the event that the Subject Family Member involved in the request is a grandparent, brother, sister, or grandchild, the fact that said Subject Family Member co-resides with and is a dependent of the worker referred to in numbered item 2;

(5) the fact that the Subject Family Member involved in the request is in need of care; and

(6) the days defined as the starting day and the ending day of the limitation period involved in said request.

2. Upon receiving a request provided for in the preceding paragraph, the employer may require the worker who made said request to submit documents that can certify the facts referred to in numbered items 3 through 5 of the same paragraph.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 18, Paragraph 1 of the Law

Article 31-9.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law, shall be as follows:

(1) the death of the Subject Family Member involved in the request; or

(2) the Subject Family Member involved in the request having ceased to have a family relationship with the worker who made said request, due to divorce, annulment of marriage, dissolution of adoption, or similar reason; or

(3) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made the request cannot take care of the Subject Family Member involved in said request during the period until the ending day of the limitation period involved in said request.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 17, Paragraph 4, Numbered Item 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 18, Paragraph 1 of the Law

Article 31-10.The provisions of the preceding article shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 17, paragraph 4, numbered item 1 of the Law when applied mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law.

CHAPTER III-3. LIMITATION ON NIGHT WORK

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 2 of the Law

Article 31-11.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 2 of the Law shall be, with respect to the child involved in the request provided for in the same paragraph, a family member (as defined in Article 2, numbered item 5 of the Law) aged not less than 16 years who co-resides with said child and to whom none of the following numbered items applies:

(1) a person who is engaged in work during the night hours referred to in Article 19, paragraph 1 of the Law (hereinafter referred to as "Night") (excluding a person whose number of days of Night work per month is three or less);

(2) a person in a condition which makes it difficult to take care of the child involved in the request due to injury, illness, or physical or mental disability;

(3) a person who is due to give birth within 6 weeks (in the event of a multiple pregnancy, 14 weeks) or who has given birth less than 8 weeks previously.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 3 of the Law

Article 31-12.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 3 of the Law shall be as follows:

(1) a worker whose prescribed number of working days per week is two or less;

(2) a worker whose prescribed working hours are all during the Night.

Method, Etc. of the Request Provided for in Article 19, Paragraph 1 of the Law

Article 31-13.The request provided for in Article 19, paragraph 1 of the Law shall be made by submitting to the employer a document stating the following items:

(1) the date of the request;

(2) the name of the worker who is making the request;

(3) the name and date of birth of the child involved in the request, and the relationship between said child and the worker referred to in the preceding numbered item (in the event that the child involved in the request has not been born at the time of said request, the name of the person who is due to give birth to said child, the expected date of birth of said child, and the relationship between said person and the worker referred to in the preceding numbered item);

(4) the days defined as the starting day and the ending day of the limitation period involved in the request (this refers to the limitation period provided for in Article 19, paragraph 2 of the Law; the same applies hereinafter);

(5) in the event that the child involved in the request is adopted, the day when the adoption came into effect;

(6) the fact that there exists no person provided for in Article 31-11.

2. Upon receiving a request provided for in the preceding paragraph, the employer may require the worker who made said request to submit documents that can certify the fact of pregnancy, or the fact of the birth or adoption of the child involved in the request, or the fact referred to in numbered item 6 of the same paragraph.

3. In the event that the child involved in the request is born after said request is made, the worker who made said request shall notify the employer promptly in writing of said child's name, date of birth, and relationship with said worker. In such case, the employer may require said worker to submit documents that can certify the birth of said child.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 3 of the Law

Article 31-14.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 3 of the Law shall be as follows:

(1) the death of the child involved in the request;

(2) in the event that the child involved in the request is adopted, dissolution or cancellation of the adoption;

(3) the worker who made the request and the child involved in said request having ceased to co-reside due to adoption of said child or other circumstance;

(4) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made the request cannot take care of the child involved in said request during the period until the ending day of the limitation period involved in said request.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 4, Numbered Item 1 of the Law

Article 31-15.The provisions of the preceding article shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 4, numbered item 1 of the Law.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 2 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-16.The provisions of Article 31-11 shall apply mutatis mutandis with respect to the person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 2 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law. In such case, the term "child" contained in Article 31-11 and numbered item 2 of the same article shall be read as "Subject Family Member."

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-17.The provisions of Article 31-12 shall apply mutatis mutandis with respect to the person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 3 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law.

Method, Etc. of the Request Provided for in Article 19, Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-18.The request provided for in Article 19, paragraph 1 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law shall be made by submitting to the employer a document stating the following items:

(1) the date of the request;

(2) the name of the worker who is making the request;

(3) the name of the Subject Family Member involved in the request, and the relationship between said Subject Family Member and the worker referred to in the preceding numbered item;

(4) in the event that the Subject Family Member involved in the request is a grandparent, brother, sister, or grandchild, the fact that said Subject Family Member co-resides with and is a dependent of the worker referred to in numbered item 2;

(5) the fact that the Subject Family Member involved in the request is in need of care;

(6) the days defined as the starting day and the ending day of the limitation period involved in the request;

(7) the fact that there exists no person provided for in Article 31-11 when applied mutatis mutandis as prescribed in Article 31-16.

2. Upon receiving a request provided for in the preceding paragraph, the employer may require the worker who made said request to submit documents that can certify the facts referred to in numbered items 3 through 5 and numbered item 7 of the same paragraph.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-19.The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law shall be as follows:

(1) the death of the Subject Family Member involved in the request;

(2) the Subject Family Member involved in the request having ceased to have a family relationship with the worker who made said request, due to divorce, annulment of marriage, dissolution of adoption, or similar reason;

(3) a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made the request cannot take care of the Subject Family Member involved in said request during the period until the ending day of the limitation period involved in said request.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 4, Numbered Item 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-20. The provisions of the preceding article shall apply mutatis mutandis with respect to the reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 4, numbered item 1 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law.

CHAPTER IV. MEASURES THAT EMPLOYERS SHOULD ENDEAVOR TO ADOPT

Matters Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 21, Paragraph 1, Numbered Item 3 of the Law

Article 32.The matters provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 21, paragraph 1, numbered item 3 of the Law shall be as follows:

(1) matters concerning the appropriate time for a worker to begin working after a term of child care leave has ended due to circumstances provided for in Article 9, paragraph 2, numbered item 1 of the Law or a term of family care leave has ended due to circumstances provided for in Article 15, paragraph 3, numbered item 1 of the Law; and

(2) matters concerning the method by which a worker will pay to the employer any social insurance premium that is to be borne by the worker during a term of child care leave or family care leave.

Clear Statement of Treatment Provided for by Article 21, Paragraph 2 of the Law

Article 33.The clear statement of treatment provided for by Article 21, paragraph 2 of the Law shall be made promptly after receiving an application for child care leave or family care leave by issuing a clear written statement of what the treatment of the worker who made said application will be.

Measures Provided for in Article 23 of the Law

Article 34.The measures provided for in Article 23, paragraph 1 of the Law shall be taken by the method listed in any of the following numbered items:

(1) establishing a system of part-time work to be applied, at the worker's request, to workers referred to in Article 23, paragraph 1 of the Law (referred to hereafter in this paragraph as "Workers");

(2) establishing, to be applied to Workers who so request, either: [a] a system of working hours provided for in Article 32-3 of the Labour Standards Law, or [b] a system of moving the work starting time or work ending time forward or back without changing the number of prescribed working hours per day;

(3) establishing a system in which Workers who so request are not required to work in excess of the prescribed working hours;

(4) establishing and operating child care facilities, or providing other equivalent arrangements, for Workers' children aged less than three years.

2. The measures provided for in Article 23, paragraph 2 of the Law shall be taken by the method listed in any of the following numbered items:
(1) establishing a system of part-time work to be applied, at the worker's request, to workers referred to in Article 23, paragraph 2 of the Law (referred to hereafter in this paragraph as "Workers");

(2) establishing either of the systems provided for in [a] and [b] of numbered item 2 of the preceding paragraph, to be applied to Workers who so request;

(3) establishing a system to subsidize the costs that a Worker who takes care of a Subject Family Member in need of care incurs in using a service that takes over the care of said Subject Family Member while said Worker is working, or other equivalent system.

Appointment of a Work-Family Coexistence Facilitation Officer

Article 34-2.An employer shall appoint as Work-Family Coexistence Facilitation Officer a person to take charge of the duties provided for in Article 29 of the Law, selected from among persons recognized as having the knowledge and experience necessary to perform said duties.

(Articles 35 through 60 omitted.)


CHAPTER VI. MISCELLANEOUS PROVISIONS

Application for Authorization

Article 61.A business cooperative association, etc. as provided for in Article 53, paragraph 2, numbered item 2 of the Law that seeks to obtain the authorization provided for in the same numbered item shall submit to the Minister of Health, Labour and Welfare, through the director of the prefectural Labour Bureau that has jurisdiction over the district where its main office is located, an application stating that it seeks to obtain said authorization and setting forth matters pertaining to the standards referred to in the same numbered item.

Delegation of Authority

Article 62.Among the powers of the Minister of Health, Labour and Welfare provided for in Article 37, paragraph 2 and Article 41 of the Employment Security Law (Law No. 141 of 1947) when applied mutatis mutandis as prescribed in Article 53, paragraphs 4 and 5 of the Law, those that concern the following categories of recruitment shall be delegated to the director of the prefectural Labour Bureau that has jurisdiction over the district where the main office of the authorized association of small enterprises is located (here and hereinafter, this refers to an authorized association of small enterprises as provided for in Article 53, paragraph 2, numbered item 2 of the Law):

(1) recruitment for which the recruitment area is a district or districts of the prefecture in which the main office of the authorized association of small enterprises is located;

(2) in the event that the number of workers to be recruited in districts outside the prefecture in which the main office of the authorized association of small enterprises is located (excluding districts designated by the Minister of Health, Labour and Welfare in view of the state of the labour market, etc. in said districts) is less than 100 (less than 30 in the event that the number of workers to be recruited in a single prefecture is 30 or more), recruitment for which the recruitment area is a district or districts outside said prefecture (excluding recruitment that involves businesses belonging to an industry designated by the Minister of Health, Labour and Welfare in view of the state of the labour market, etc. in said industry).

Matters to Be Notified

Article 63.The matters with respect to the recruitment of workers to be provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 53, paragraph 4 of the Law shall be as follows:

(1) the name and address of the business establishment involved in the recruitment;

(2) the recruitment period;

(3) the recruitment area;

(4) the job categories, periods of leave, and total number of workers taking child care leave or family care leave whose duties are to be handled by workers involved in the recruitment as provided for in Article 53, paragraph 1 of the Law;

(5) the job categories and number of workers to be recruited; and

(6) the working conditions pertaining to the recruitment, including wages, working hours, and period of employment.

Notification Procedure

Article 64.The notification provided for in Article 53, paragraph 4 of the Law shall be made separately for (a) recruitment for which the recruitment area is a district or districts of the prefecture in which the main office of the authorized association of small enterprises referred to in the same paragraph is located; (b) recruitment for which the recruitment area is a district or districts outside said prefecture (referred to hereafter in this paragraph as "recruitment outside the prefecture") and to which the provisions of Article 62, numbered item 2 apply; and (c) recruitment outside the prefecture to which the provisions of the same numbered item do not apply.

2. An authorized association of small enterprises that seeks to give the notification provided for in Article 53, paragraph 4 of the Law shall notify the director of the prefectural Labour Bureau provided for in Article 62 in the case of the recruitment referred to in the same article, or the Minister of Health, Labour and Welfare in the case of other recruitment, in either case through the director of the Public Employment Security Office in whose jurisdiction its main office is located (in the event that there are two or more such Public Employment Security Offices, the Public Employment Security Office that handles the relevant business pursuant to the provisions of Article 792 of the Ministry of Health, Labour and Welfare Organization Rules [Ministry of Health, Labour and Welfare Ordinance No. 1 of 2001]).

3. The format and other matters pertaining to the notification procedure, besides those provided for in the preceding two paragraphs, shall be prescribed by the director of the Employment Security Bureau of the Ministry of Health, Labour and Welfare (referred to hereinafter as "director of the Employment Security Bureau").

Report on Worker Recruitment

Article 65.An authorized association of small enterprises that engages in recruitment as provided for in Article 53, paragraph 4 of the Law shall prepare a report on worker recruitment for each quarter (this refers to the periods January through March, April through June, July through September, and October through December) in accordance with a format prescribed by the director of the Employment Security Bureau, and shall submit it to the director of the Public Employment Security Office involved in the notification referred to in paragraph 2 of the preceding article not later than the last day of the first month of the following quarter.

Application Mutatis Mutandis

Article 66.The provisions of Article 31 of the Enforcement Regulations of the Employment Security Law shall apply mutatis mutandis to a small enterprise that contracts recruitment of workers to an authorized association of small enterprises as provided for in Article 53, paragraph 4 of the Law.

Delegation of Authority

Article 67.The powers of the Minister of Health, Labour and Welfare provided for in Article 56 of the Law, except those involving matters deemed by the Minister to be of national importance, shall be executed by the director of the prefectural Labour Bureau in whose jurisdiction the employer's business establishment is located.

(Supplementary Provisions omitted.)


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