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Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave

Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (Ordinance of the Ministry of Labor No. 25 of October 15, 1991)

Table of Contents

Chapter 1 General Provisions

Article 1 (Period Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 2 item (iii) of the Act)

The period specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 2 item (iii) of the Act on 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 "Act") shall be two weeks or more.

Article 2 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 2 Item (iv) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 2 item (iv) of the Act shall be a grandparent, brother, sister and grandchild who is living with the worker and supported thereby.

Article 3 (Relatives Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 2 Item (v) of the Act)

Relatives specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 2 item (v) of the Act shall be relatives (excluding subject family members specified in item (iv) of the same Article (hereinafter referred to as a "Subject Family Member")) living with the worker.

Chapter 2 Child Care Leave

Article 4 (Special Circumstances Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 5 Paragraph (2) of the Act)

Special circumstances specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 5 paragraph (2) of the Act, shall be as listed in the following items:

(i) With regard to a worker who filed an application set forth in Article 5 paragraph (1) of the Act, in cases where the Child Care Leave Period set forth in Article 9 paragraph (1) of the Act (hereinafter referred to as the "Child Care Leave Period") ends due to the start of a leave period pursuant to the provision of Article 65 paragraph (1) or (2) of the Labor Standard Law (Law No. 49 of 1947) (hereinafter referred to as the "Before/After Childbirth Leave Period") and in the event that all children who were born during said Before/After Childbirth Leave Period come to fall under any of the following items by the end of said Before/After Childbirth Period or the Child Care Leave;
(a)In the event that said children die; or
(b)In the event that said children cease living with said worker due to being adopted or other circumstances.
(ii) With regard to a worker who filed an application set forth in Article 5 paragraph (1) of the Act, in cases where the Child Care Leave Period ends due to the start of a new Child Care Leave Period (referred to as the "New Period" hereinafter in this item) and in the event that all children pertaining to the Child Care Leave for said New Period come to fall under any of the preceding item (a) or (b) by the end of said New Period;
(iii) With regard to a worker who filed an application set forth in Article 5 paragraph (1) of the Act, in cases where the Child Care Leave Period ends due to the start of a Family Care Leave Period prescribed in Article 15 paragraph (1) of the Act (hereinafter referred to as the "Family Care Leave Period"), and in the event that a Subject Family Member pertaining to the Family Care Leave of said period dies or that the kinship disappears between the Subject Family Member pertaining to the Family Care Leave of said period and the worker who filed the Family Care Leave Application (which means a Family Care Leave Application prescribed in Article 11 paragraph (3) of the Act; the same shall apply hereinafter) due to a divorce, rescission of marriage, dissolution of the relationship, etc. by the end of said Family Care Leave Period;
(iv) In the event that a spouse who is a parent of the child pertaining to the application set forth in Article 5 paragraph (1) of the Act (hereinafter referred to as a "Spouse") dies;
(v) In the event that a Spouse comes to have difficulty in taking care of the child pertaining to the application set forth in Article 5 paragraph (1) of the Act due to injury, illness, or physical or mental disability; or
(vi) In the event that a Spouse ceases living with the child pertaining to the application set forth in Article 5 paragraph (1) of the Act due to dissolution of marriage or other circumstances.

Article 4-2 (Cases Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 5 Paragraph (3) Item (ii) of the Act)

Cases specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 5 paragraph (3) item (ii) of the Act shall be as listed in the following items:

(i) In cases where a worker, with regard to the child pertaining to the application set forth in Article 5 paragraph (3) of the Act, desires child care at a nursery school and makes an application but such care is unlikely to be provided for some time after the day on which the child reaches one year of age;
(ii) In cases where a Spouse who normally takes care of the child pertaining to the application set forth in Article 5 paragraph (3) of the Act and is going to normally take care of said child after said child reaches one year of age falls under any of the following items:
(a) In the event that said Spouse dies;
(b) In the event that said Spouse comes to have difficulty in taking care of the child pertaining to the application set forth in Article 5 paragraph (3) of the Act due to injury, illness, or physical or mental disability;
(c) In the event that said Spouse ceases living with the child pertaining to the application set forth in Article 5 paragraph (3) of the Act due to dissolution of marriage or other circumstances; or
(d) In the event that said Spouse is going to give birth within six weeks (or 14 weeks in the case of multiple pregnancy) or eight weeks have not elapsed after childbirth.

Article 5 (Methods, etc. of Child Care Leave Application)

(1) A Child Care Leave Application set forth in Article 5 paragraph (4) of the Act (hereinafter referred to as a "Child Care Leave Application") shall be filed by submitting to the employer an application form for Child Care Leave that states the matters listed in the following items (limited to the matters listed in items (i), (ii) and (iv) in the case prescribed in Article 5 paragraph (5) of the Act):
(i) Date of the Child Care Leave Application;
(ii) Name of the worker who files the Child Care Leave Application;
(iii) Name, date of birth of a child pertaining to said Child Care Leave Application, and his/her relationship with the worker set forth in the preceding item (in cases where the child pertaining to the Child Care Leave Application is not born yet at the time of filing said Child Care Leave Application, name of mother who is going to give birth to the child pertaining to said Child Care Leave Application, expected date of confinement and the relationship with the worker set forth in the preceding item);
(iv) The first day of the period pertaining to the Child Care Leave Application (hereinafter referred to as the "Child Care Leave Scheduled Start Date") and the last day thereof (hereinafter referred to as the "Child Care Leave Scheduled End Date");
(v) In the case where the worker who files an Child Care Leave Application has a child who is not pertaining to said Child Care Leave Application and is under one year of age, name, date of birth of said child and his/her relationship with the worker;
(vi) In the case where the child pertaining to the Child Care Leave Application is an adopted child, the date on which the adoption became effective;
(vii) In the case where there are circumstances listed in items of Article 4, the facts pertaining to said circumstances.
(viii) In the case of an application set forth in Article 5 paragraph (3) of the Act, the facts that fall under any of the items listed in the preceding Article;
(ix) In the case where the worker whose Spouse is taking Child Care Leave on the day on which the child pertaining to the Child Care Leave Application reaches one year of age (which means the Date of One Year of Age prescribed in Article 5 paragraph (1) item (ii) of the Act) files an application set forth in Article 5 paragraph (3) of the Act, the facts;
(x) In the case where there occur reasons listed in Article 9, the facts pertaining to said reasons; and
(xi) In the case where there are circumstances listed in the items of Article 18, the facts pertaining to said circumstances.
(2) An employer may, when an Child Care Leave Application set forth in the preceding paragraph is filed, require the worker who filed said application to submit documents that certify pregnancy, birth or adoption of the child pertaining to said Child Care Leave Application, or facts listed in items (vii) through (xi) of the same paragraph; provided, however, that this shall not apply to the case prescribed in Article 5 paragraph (5) of the Act.
(3) When the child pertaining to the Child Care Leave Application is born after said application was filed, the worker who filed said Child Care Leave Application shall notify without delay his/her employer of said child's name and date of birth, and the relationship with said worker in writing. In this case, the employer may require said worker to submit the document that certify the fact of birth of said child.

Article 6 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (1) Item (ii) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (1) item (ii) of the Act shall be any person who falls under all of the following items:

(i) A person who does not have an occupation (including a person who does not work due to Child Care Leave or other leave and a person who works for fewer days per week than the number of days specified by the Minister of Health, Labour and Welfare as extremely few days);
(ii) A person who does not have difficulty in taking care of the child pertaining to the Child Care Leave Application due to injury, illness, or physical or mental disability;
(iii) A person who is not going to give birth within six weeks (or 14 weeks in the case of multiple pregnancy) or is not within eight weeks after childbirth; and
(iv) A person who is living with the child pertaining to an Child Care Leave Application.

Article 7 (A worker Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (1) Item (iii) of the Act)

A worker specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (1) item (iii) of the Act shall be as listed in the following items:

(i) A worker whose employment relationship is certain to be terminated within one year (or six months in the case of an application set forth in Article 5 paragraph (3) of the Act) from the day of Child Care Leave Application;
(ii) A worker who works for fewer days per week than the number of days specified by the Minister of Health, Labour and Welfare as extremely few prescribed working days per week; and
(iii) A worker concerned in the case where a worker who is filing Chid Care Leave Application in the event that all of the numbered items of the preceding Article apply to a person who is a parent of the child pertaining to said application and who is neither said worker nor the Spouse of said worker.

Article 8 (Procedures, etc. for the Case Referred to in the Proviso of Paragraph (1) of Article 6 of the Act)

Pursuant to the provision of the proviso of paragraph (1) of Article 6 of the Act, procedures and other matters required for an employer’s refusing an Child Care Leave Application from a worker and terminating the Child Care Leave because a worker who is taking Child Care Leave becomes the worker specified as being unable to take Child Care Leave shall be in accordance with the provisions of the written agreement set forth in the proviso of the same paragraph.

Article 9 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (3) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (3) of the Act shall be as listed in the following items:

(i) Birth of a child before an expected date of confinement;
(ii) Death of a Spouse who is a parent of the child pertaining to the Child Care Leave Application;
(iii) A Spouse coming to have difficulty in taking care of the child pertaining to the Child Care Leave Application due to injury or illness; and
(iv) A Spouse ceasing living with the child pertaining to the Child Care Leave Application.

Article 10 (Date Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (3) of the Act)

Date specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (3) of the Act shall be the day on which a week elapses from the day following the date of the Child Care Leave Application.

Article 11 (Designation Set Forth in Article 6 Paragraph (3) of the Act)

Designation set forth in Article 6 paragraph (3) of the Act shall be implemented by issuing a document that states the day designated as the Child Care Leave Scheduled Start Date to the worker who filed the Child Care Leave Application on or before the Child Care Leave Scheduled Start Date (in cases where the Scheduled Start Date falls after the day on which three days elapse from the day following the Child Care Leave Application, the day on which three days elapse from the day following the date of said application).

Article 12 (Application for Change of the Child Care Leave Scheduled Start Date)

(1) An application for a change of the Child Care Leave Scheduled Start Date set forth in Article 7 paragraph (1) of the Act (referred to as "Change Application" in this Article and Article 14) shall be made by submitting to the employer a form of Change Application that states the matters listed in the following items:
(i) Date of the Change Application;
(ii) Name of the worker who files the Change Application;
(iii) The changed Child Care Leave Scheduled Start Date; and
(iv) The facts pertaining to the reasons that result in the Change Application.
(2) When a Change Application set forth in the preceding paragraph is filed, an employer may require the worker who filed said application to submit documents that certify the fact listed in item (iv) of the same paragraph.

Article 13 (Period Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 7 Paragraph (2) of the Act)

The period specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 7 paragraph (2) of the Act shall be one week.

Article 14 (Designation Set forth in Article 7 Paragraph (2) of the Act)

Designation set forth in Article 7 paragraph (2) of the Act shall be implemented by issuing a document that states the day designated as the changed Child Care Leave Scheduled Start Date to the worker who filed the Change Application on or before the changed Child Care Leave Scheduled Start Date (in cases where the changed Scheduled Start Date falls after the day on which three days elapse from the day following the date of Change Application, the day on which three days elapse from the day following the date of said application).

Article 15 (Date Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 7 Paragraph (3) of the Act)

Date specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 7 paragraph (3) of the Act shall be one month prior to the Child Care Leave Scheduled End Date in the Child Care Leave Application (or two weeks prior to said end date in the case of the application set forth in Article 5 paragraph (3) of the Act).

Article 16 (Application for Change of the Child Care Leave Scheduled End Date)

The application for a change of the Child Care Leave Scheduled End Date set forth in Article 7 paragraph (3) of the Act (referred to as an "Change Application" hereinafter in this Article) shall be filed by submitting to the employer an application form for a change that states the matters listed in the following items:

(i)Date of the Change Application;
(ii)Name of the worker who files the Change Application; and
(iii)The changed Child Care Leave Scheduled End Date.

Article 17 (Withdrawal of Child Care Leave Application)

Withdrawal of a Child Care Leave Application set forth in Article 8 paragraph (1) of the Act shall be implemented by submitting to the employer a document that states that effect and the date of withdrawal.

Article 18 (Special Circumstances Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 8 Paragraph (2) of the Act)

Special Circumstances specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 8 paragraph (2) of the Act shall be as listed in the following items:

(i)Death of Spouse;
(ii)A Spouse coming to have difficulty in taking care of the child pertaining to the Child Care Leave Application due to injury, illness, or physical or mental disability; or
(iii)A Spouse ceasing living with the child pertaining to the Child Care Leave Application due to dissolution of marriage or other circumstances.

Article 19 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 8 Paragraph (3) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 8 paragraph (3) of the Act shall be as listed in the following items:

(i) Death of the child pertaining to the Child Care Leave Application;
(ii) Dissolution or rescission of adoptive relationship in cases where the child pertaining to the Child Care Leave Application is an adopted child;
(iii) The child pertaining to the Child Care Leave Application ceasing to live with the worker who filed the Child Care Leave Application due to said child’s becoming adopted or other circumstances; and
(iv) The worker who filed the Child Care Leave Application becoming unable to take care of the child pertaining to said Child Care Leave Application due to injury, illness, or physical or mental disability for the period until said child reaches one year of age (or one year and six months of age with regard to the child pertaining to the application set forth in Article 5 paragraph (3) of the Act).

Article 20 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 9 Paragraph (2) Item (i) of the Act)

The provisions of the preceding Article shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 9 paragraph (2) item (i) of the Act.

Chapter 3 Family Care Leave

Article 21 (Special Circumstances Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 11 Paragraph (2) Item (i) of the Act)

Special circumstances specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 11 paragraph (2) item (i) of the Act shall be as listed in the following items:

(i) With regard to a worker who filed a Family Care Leave Application, in cases where the Family Care Leave Period ends due to the start of a new Family Care Leave Period, and in the event that the Subject Family Member pertaining to the Family Care Leave for said new Family Care Leave Period dies or that the kinship disappears between the Subject Family Member pertaining to the Family Care Leave for said new Family Care Leave Period and the worker who filed the Family Care Leave Application due to a divorce, rescission of marriage, dissolution of the relationship, etc. by the end of said new Family Care Leave Period; and
(ii) With regard to a worker who filed a Family Care Leave Application, in cases where the Family Care Leave Period ends due to the start of a Before/After Childbirth Leave Period or a Child Care Leave Period and in the event that all the children pertaining to the leave of said Before/After Childbirth Leave Period (including a Child Care Leave Period pertaining to a child who is born during said Before/After Childbirth Leave Period; the same shall apply hereinafter in this item) or to the leave for the Child Care Leave Period come to fall under any of item 1(a) or 1(b) of Article 4 by the end of said Before/After Childbirth Leave Period or the Child Care Leave Period.

Article 21-2 (Measures Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 11 Paragraph (2) Item (ii) (b) of the Act)

Measures specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 11 paragraph (2) item (ii) (b) of the Act shall be those that are measures listed in items of paragraph (2) of Article 34 and that clearly indicate that an employer takes measures as specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 11 paragraph (2) item (ii) (b) of the Act and notifies the start date of said measure to the workers subject to said measures.

Article 22 (Methods, etc. of Family Care Leave Application)

(1) A Family Care Leave Application shall be filed by submitting to the employer an application form for Family Care Leave, that states the matters listed in the following items (limited to the matters listed in items (i), (ii) and (vi) in the case prescribed in Article 11 paragraph (4) of the Act):
(i) Date of the Family Care Leave Application;
(ii) Name of the worker who files the Family Care Leave Application;
(iii) Name of the Subject Family Member pertaining to the Family Care Leave Application and his/her relationship with the worker set forth in the preceding item;
(iv) In cases where the Subject Family Member pertaining to the Family Care Leave Application is a grandfather, grandmother, brother, sister or grandchild, the facts that the worker set forth in item (ii) lives with the Subject Family Member and supports him or her;
(v) Fact that the Subject Family Member pertaining to the Family Care Leave Application is in Care-requiring Condition (which means the Care-requiring Condition set forth in Article 2 paragraph (3) of the Act; the same shall apply hereinafter);
(vi) The first day of the period pertaining to the Family Care Leave Application (hereinafter referred to as the "Family Care Leave Scheduled Start Date") and the last day thereof (hereinafter referred to as the "Family Care Leave Scheduled End Date");
(vii) Number of Days for Family Care Leave, etc. set forth in Article 11 paragraph (2) item (ii) of the Act with regard to the Subject Family Member pertaining to the Family Care Leave Application; and
(viii) In the case where there are circumstances listed in items of Article 21, the facts pertaining to said circumstances.
(2) An employer may, when a Family Care Leave Application set forth in the preceding paragraph is filed, require the worker who filed said application to submit documents that certify the facts listed in items (iii) through (v) and item (viii) of the same paragraph; provided, however, that this shall not apply to the case prescribed in Article 11 paragraph (4) of the Act.

Article 23 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (1) Item (iii) of the Act, as Applied Mutatis Mutandis Pursuant to Article 12 Paragraph (2) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (1) item (iii) of the Act, as applied mutatis mutandis pursuant to Article 12 paragraph (2) of the Act shall be as listed in the following items:

(i)A worker whose employment relationship is certain to be terminated within 93 days from the date of Family Care Leave Application;
(ii)A worker set forth in Article 7 item (ii)

Article 24 (Procedures, etc. for the Case Referred to in the Proviso of Paragraph (1) of Article 6 of the Act, as Applied Mutatis Mutandis Pursuant to Article 12 Paragraph (2) of the Act)

The provisions of Article 8 shall apply mutatis mutandis to the procedures, etc. for the case referred to in the proviso of paragraph (1) of Article 6 of the Act, as applied mutatis mutandis pursuant to Article 12 paragraph (2) of the Act.

Article 25 (Designation Set forth in Article 12 Paragraph (3) of the Act)

Designation set forth in Article 12 paragraph (3) of the Act shall be implemented by issuing a document that states the day designated as the Family Care Leave Scheduled Start Date to the worker who filed a Family Care Leave Application on or before the Family Care Leave Scheduled Start Date (in cases where the Scheduled Start Date falls after the day on which three days elapse from the day following the date of the Family Care Leave Application, the day on which three days elapse from the day following the date of said application).

Article 26 (Date Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 7 Paragraph (3) of the Act, as Applied Mutatis Mutandis Pursuant to Article 13 of the Act)

Date specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in of Article 7 paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 13 of the Act shall be two weeks prior to the Family Care Leave Scheduled End Date in the Family Care Leave Application.

Article 27 (Application for Change of the Family Care Leave Scheduled End Date)

The provisions of Article 16 shall apply mutatis mutandis to an application for a change of the Family Care Leave Scheduled End Date set forth in Article 7 paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 13 of the Act.

Article 28 (Withdrawal of Family Care Leave Application)

The provisions of Article 17 shall apply mutatis mutandis to a withdrawal of a Family Care Leave Application set forth in Article 14 paragraph (1) of the Act.

Article 29 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 8 Paragraph (3) of the Act, as Applied Mutatis Mutandis Pursuant to Article 14 Paragraph (3) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 8 paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 14 paragraph (3) of the Act shall be as listed in the following items:

(i) Death of the Subject Family Member pertaining to the Family Care Leave Application;
(ii) Disappearance of kinship between the Subject Family Member pertaining to the Family Care Leave Application and the worker who filed said Family Care Leave Application due to a divorce, rescission of marriage, dissolution of the relationship, etc.; and
(iii) The worker who filed a Family Care Leave Application becoming unable to take care of the Subject Family Member pertaining to said Family Care Leave Application due to injury, illness, or physical or mental disability for a period for which the Number of Days of Family Care Leave, etc. set forth in Article 11 paragraph (2) item (ii) of the Act reaches 93 days with regard to the Subject Family Member pertaining to said Family Care Leave Application.

Article 29-2 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 15 Paragraph (3) Item (i) of the Act)

The provisions of the preceding paragraph shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 15 paragraph (3) item (i) of the Act.

Chapter 3-2 Sick/Injured Child Care Leave

Article 30 (Methods, etc. of Application for Sick/Injured Child Care Leave)

(1) An application pursuant to the provision of Article 16-2 paragraph (1) of the Act (referred to as a "Sick/Injured Child Care Leave Application" hereinafter in this Article) shall be filed by notifying his/her employer of the matters listed in the following items:
(i) Name of the worker who files a Sick/Injured Child Care Leave Application;
(ii) Name and birth date of the child pertaining to the Sick/Injured Child Care Leave Application;
(iii) Date on which Sick/Injured Child Care Leave is to be obtained; and
(iv) Fact that the child pertaining to the Sick/Injured Child Care Leave Application is injured or sick
(2) An employer may, when a Sick/Injured Child Care Leave is filed, require the worker who filed said application to submit a document that certifies the fact listed in item (iv) of the preceding paragraph.

Article 30-2 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 6 Paragraph (1) Item (iii) of the Act, as Applied Mutatis Mutandis Pursuant to Article 16-3 Paragraph (2) of the Act)

The person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 6 paragraph (1) item (iii) of the Act, as applied mutatis mutandis pursuant to Article 16-3 paragraph (2) of the Act shall be a worker set forth in Article 7 item (ii).

Article 31 (Procedures, etc. for the Case Referred to in the Proviso of Paragraph (1) of Article 6 of the Act, as Applied Mutatis Mutandis Pursuant to Article 16-3 Paragraph (2) of the Act)

Pursuant to the proviso of paragraph (1) of Article 6 of the Act, as mutatis mutandis pursuant to Article 16-3 paragraph (2) of the Act, procedures and other matters required for an employer’s refusing a Sick/Injured Child Care Leave Application from a worker shall be in accordance with the provisions of the written agreement set forth in the proviso of the same paragraph.

Chapter 3-3 Limitation on Overtime Work

Article 31-2 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (1) Item (ii) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (1) item (ii) of the Act shall fall under all of the following items:

(i) A person who does not have an occupation (including a person who does not work due to Child Care Leave or other leave and a person who works for two days or fewer per week);
(ii) A person who does not have difficulty in taking care of a child pertaining to the request pursuant to the provision of Article 17 paragraph (1) of the Act due to injury, illness, or physical or mental disability;
(iii) A person who is not going to give birth within six weeks (or 14 weeks in the case of multiple pregnancy) or is not within eight weeks after childbirth; and
(iv) A person who is living with the child pertaining to the request.

Article 31-3 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (1) Item (iii) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (1) item (iii) of the Act shall be as listed in the following items:

(i) A worker whose prescribed working days are two days or fewer per week; and
(ii) A worker concerned in the case where a worker who is making the request in the event that all of the numbered items of the preceding Article apply to a person who is a parent of the child pertaining to said request and who is neither said worker nor the Spouse of said worker.

Article 31-4 (Methods, etc. of Request Pursuant to the Provision of Article 17 Paragraph (1) of the Act)

(1) A request shall be made by submitting to the employer a document that states the matters listed in the following items:
(i) Date of the request;
(ii) Name of the worker who makes a request;
(iii) Name and date of birth of a child pertaining to the request, and his/her relationship with the worker set forth in the preceding item (in the case where the child pertaining to the request is not born yet at a time of making said request, the name of mother who is going to give birth to the child pertaining to said request, expected date of confinement, and the relationship with the worker set forth in the preceding item);
(iv) The first day of the limitation period pertaining to the request (which means the Limitation Period set forth in Article 17 paragraph (2) of the Act; the same shall apply hereinafter in this Chapter) and the last day thereof;
(v) In the case where the child pertaining to the request is an adopted child, the date on which the adoption became effective; and
(vi) Fact that the worker has no Spouse set forth in Article 31-2 and the fact that he or she is not a worker set forth in Article 31-3 item (ii).
(2) An employer may, when the request set forth in the preceding paragraph is made, require the worker who made said request to submit documents that certify pregnancy, birth or adoption of the child pertaining to said request, or the facts listed in item (vi) of the same paragraph.
(3) When the child pertaining to the request is born after said request is made, the worker who made said request shall notify without delay his/her employer of the child's name and date of birth, and the relationship with said worker in writing. In this case, the employer may require said worker to submit a document that certifies the fact of birth of said child.

Article 31-5 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (3) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (3) of the Act shall be as listed in the following items:

(i)Death of the child pertaining to the request;
(ii)Dissolution or rescission of adoptive relationship in cases where the child pertaining to the request is an adopted child;
(iii)The child pertaining to the request ceasing to live with the worker who made the request due to said child’s becoming adopted or other circumstances; and
(iv)The worker who made the request becoming unable to take care of the child pertaining to said request due to injury, illness, or physical or mental disability for the period until the end date of the Limitation Period pertaining to said request.

Article 31-6 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (4) Item (i) of the Act)

The provisions of the preceding Article shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (4) item (i) of the Act.

Article 31-7 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (1) Item (iii) of the Act, as Applied Mutatis Mutandis Pursuant to Article 18 Paragraph (1) of the Act)

The provisions of Article 31-3 item (i) shall apply mutatis mutandis to the person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (1) item (iii) of the Act, as applied mutatis mutandis pursuant to Article 18 paragraph (1) of the Act.

Article 31-8 (Methods, etc. of Request Pursuant to the Provision of Article 17 Paragraph (1) of the Act, as Applied Mutatis Mutandis Pursuant to Article 18 Paragraph (1) of the Act)

(1) The request pursuant to the provision of Article 17 paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 18 paragraph (1) of the Act shall be made by submitting to the employer a document that states the matters listed in the following items.
(i) Date of the request;
(ii) Name of the worker who makes the request;
(iii) Name and relationship with the worker set forth in the preceding item with regard to a Subject Family Member pertaining to said request;
(iv) In the case where the Subject Family Member is a grandfather, grandmother, brother, sister or grandchild, the facts that the worker set forth in item (ii) lives with said Subject Family Member and supports him/her;
(v) Fact that the Subject Family Member pertaining to the request is in Care-requiring Condition; and
(vi) The first day of the Limitation Period pertaining to the request and the last day thereof.
(2) An employer may, when the request in the preceding paragraph is made, require the worker who made said request to submit documents that certify the facts listed in items (iii) through (v) of the same paragraph.

Article 31-9 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (3) of the Act, as Applied Mutatis Mutandis Pursuant to Article 18 Paragraph (1) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare pursuant to the provisions of Article 17 paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 18 paragraph (1) of the Act shall be as listed in the following items:

(i)Death of the Subject Family Member pertaining to the request;
(ii)Disappearance of kinship between the Subject Family Member pertaining to the request and the worker who made said request due to a divorce, rescission of marriage, dissolution of the relationship, etc.; and
(iii)The worker who made a request becoming unable to take care of the Subject Family Member pertaining to said request due to injury, illness, or physical or mental disability for the period until the end date of the Limitation Period pertaining to said request.

Article 31-10 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 17 Paragraph (4) Item (i) of the Act, as Applied Mutatis Mutandis Pursuant to Article 18 Paragraph (1) of the Act)

The provisions of the preceding paragraph shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 17 paragraph (4) item (i) of the Act, as applied mutatis mutandis pursuant to Article 18 paragraph (1) of the Act.

Chapter 3-4 Limitation on Late-Night Work

Article 31-11 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (1) Item (ii) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (1) item (ii) of the Act shall be a family member aged 16 years or older living with the child pertaining to the request pursuant to the provision of the same paragraph (which means a family member set forth in Article 2 item (v) of the Act) and fall under all of the following items:

(i)A person who does not work at late-night set forth in Article 19 paragraph (1) of the Act (hereinafter referred to as "Late-Night") (including a person who works at Late-Night for three days or fewer per month);
(ii)A person who does not have difficulty in taking care of the child pertaining to the request, due to injury, illness, or physical or mental disability; and
(iii)A person who is not going to give birth within six weeks (or 14 weeks in the case of multiple pregnancy) or is not within eight weeks after childbirth.

Article 31-12 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (1) Item (iii) of the Act)

A person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (1) item (iii) of the Act shall be as listed in the following items:

(i)A worker whose prescribed working days are two days or fewer per week; and
(ii)A worker whose prescribed working hours are all Late-Night.

Article 31-13 (Methods, etc. of Request Pursuant to the Provision of Article 19 Paragraph (1) of the Act)

(1) The request pursuant to the provision of Article 19 paragraph (1) of the Act shall be made by submitting to his/her employer a document that states the matters listed in the following items:
(i) Date of the request;
(ii) Name of the worker who makes the request;
(iii) Name, date of birth of a child pertaining to said request and his/her relationship with the worker set forth in the preceding item (in the case where the child pertaining to the request is not born yet at the time of making said request, the name of mother who is going to give birth to the child pertaining to said request, expected date of confinement and the relationship with the worker set forth in the preceding item);
(iv) The first day of the limitation period pertaining to the request (which means the Limitation Period set forth in Article 19 paragraph (2) of the Act; the same shall apply hereinafter in this Chapter) and the last day thereof;
(v) In cases where the child pertaining to the request is an adopted child, the date on which the adoption became effective; and
(vi) Fact that the worker does not have a person set forth in Article 31-11.
(2) An employer may, when a request in the preceding paragraph is made, require the worker who made said request to submit documents that certify pregnancy, birth or adoption of the child pertaining to said request, or the fact listed in item (vi) of the same paragraph.
(3) When the child pertaining to the request is born after said request was made, the worker who made said request shall notify without delay his/her employer of said child's name and date of birth, and the relationship with said worker in writing. In this case, the employer may require said worker to submit documents that certify the fact of birth of said child.

Article 31-14 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (3) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (3) of the Act shall be as listed in the following items:

(i)Death of the child pertaining to the request;
(ii)Dissolution or rescission of adoptive relationship in cases where the child pertaining to the request is an adopted child;
(iii)The child pertaining to the request ceasing to live with the worker who made the request due to said child’s becoming adopted or other circumstances; and
(iv)The worker who made the request becoming unable to take care of the child pertaining to said request due to injury, illness, or physical or mental disability for a period until the end date of the Limitation Period pertaining to said request.

Article 31-15 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (4) Item (i) of the Act)

The provisions of the preceding paragraph shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (4) item (i) of the Act.

Article 31-16 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (1) Item (ii) of the Act, as Applied Mutatis Mutandis Pursuant to Article 20 Paragraph (1) of the Act)

The provisions of Article 31-11 shall apply mutatis mutandis to a person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (1) item (ii) of the Act, as applied mutatis mutandis pursuant to Article 20 paragraph (1) of the Act. In this case, the term "child" in Article 31-11 shall be deemed to be replaced with "Subject Family Member" and the terms "child" and "taking care of the child" in item (ii) of the same Article shall be deemed to be replaced respectively with "Subject Family Member" and "taking care of the Subject Family Member."

Article 31-17 (Person Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (1) Item (iii) of the Act, as Applied Mutatis Mutandis Pursuant to Article 20 Paragraph (1) of the Act )

The provisions of Article 31-12 shall apply mutatis mutandis to a person specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (1) item (iii) of the Act, as applied mutatis mutandis pursuant to Article 20 paragraph (1) of the Act.

Article 31-18 (Methods, etc. of Request Pursuant to the Provision of Article 19 Paragraph (1) of the Act, as Applied Mutatis Mutandis Pursuant to Article 20 Paragraph (1) of the Act)

(1) A request pursuant to the provision of Article 19 paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 20 paragraph (1) of the Act shall be made by submitting to the employer a document that states the matters listed in the following items:
(i) Date of the request;
(ii) Name of the worker who makes the request;
(iii) Name and relationship with the worker set forth in the preceding item with regard to the Subject Family Member pertaining to said request;
(iv) In cases where the Subject Family Member pertaining to the request is a grandfather, grandmother, brother, sister or grandchild, the facts that the worker set forth in item (ii) lives with said Subject Family Member and supports him or her;
(v) Fact that the Subject Family Member pertaining to the request is in Care-requiring Condition;
(vi) The first day of the Limitation Period pertaining to the request and the last day thereof; and
(vii) Fact that the worker does not have a person set forth in Article 31-11, as applied mutatis mutandis pursuant to Article 31-16.
(2) An employer may, when the request in the preceding paragraph is made, require the worker who made said request to submit the documents that certify the facts listed in items (iii) through (v) and item (vii) of the same paragraph.

Article 31-19 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (3) of the Act, as Applied Mutatis Mutandis Pursuant to Article 20 Paragraph (1) of the Act)

Reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 19 paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 20 paragraph (1) of the Act shall be as listed in the following items:

(i)Death of the Subject Family Member pertaining to the request;
(ii)Disappearance of kinship between the Subject Family Member pertaining to the request and the worker who made said request due to a divorce, rescission of marriage, dissolution of the relationship, etc.; and
(iii)The worker who made the request becoming unable to take care of the Subject Family Member pertaining to said request due to injury, illness, or physical or mental disability for the period until the end date of the Limitation Period pertaining to said request.

Article 31-20 (Reasons Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 19 Paragraph (4) Item (i) of the Act, as Applied Mutatis Mutandis Pursuant to Article 20 Paragraph (1) of the Act)

The provisions of the preceding paragraph shall apply mutatis mutandis to the reasons specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in of Article 19 paragraph (4) item (i) of the Act, as applied mutatis mutandis pursuant to Article 20 paragraph (1) of the Act.

Chapter 4 Measures to be Taken by Employers

Article 32 (Matters Specified by Ordinance of the Ministry of Health, Labour and Welfare Provided for in Article 21 Paragraph (1) Item (iii) of the Act)

Matters specified by Ordinance of the Ministry of Health, Labour and Welfare provided for in Article 21 paragraph (1) item (iii) of the Act shall be as listed in the following items:

(i) Matters with regard to the start time of labor provided by the worker whose Child Care Leave Period is terminated due to the occurrence of the circumstances listed in Article 9 paragraph (2) item (i) of the Act and the worker whose Family Care Leave Period is terminated due to the occurrence of the circumstances listed in Article 15 paragraph (3) item (i) of the Act; and
(ii) Matters with regard to the methods for which a worker pays to the employer the social insurance premiums to be borne during a Family Care Leave Period.

Article 33 (Treatment Notification Set Forth in Article 21 Paragraph (2) of the Act)

Treatment notification set forth in Article 21 paragraph (2) of the Act shall be made by issuing a document that clearly states the treatment pertaining to a worker who has filed a Child Care Leave or Family Care Leave Application promptly after the worker filed said application.

Article 34 (Measures Set Forth in Article 23 of the Act)

(1) Measures including Shortening of Working Hours prescribed in Article 23 paragraph (1) of the Act shall be taken in either way of those listed in the following items:
(i) Establishing a system of short-time working, which applies to a person who is a worker set forth in Article 23 paragraph (1) of the Act (referred to as a "Worker" hereinafter in this paragraph) and who wishes to perform the work concerned;
(ii) Establishing either system listed in the following items, which applies to a Worker who wishes to be applied to said system;
(a) A system with regard to working hours pursuant to the provision of Article 32-3 of the Labor Standards Act; or
(b) A system of moving up or delaying the starting time and closing time without changing prescribed number of working hours per day.
(iii) Establishing a system for allowing a Worker not to work in excess of the prescribed working hours if he or she wishes so; or
(iv) Establishing and operating a nursery facilities for Workers’ children under three years of age, or providing services equivalent to those under said nursery system.
(2) Measures set forth in Article 23 paragraph (2) of the Act shall be taken in either of the ways listed in the following items:
(i) Establishing a system of short-time working, which applies to a person who is a worker set forth in Article 23 paragraph (2) of the Act (referred to as a "Worker" hereinafter in this paragraph) and who wishes to perform the work concerned;
(ii) Establishing either system listed in the preceding paragraph item (ii) (a) or (b), which applies to a Worker who wishes to be applied to said system; or
(iii) Establishing a system to subsidize the cost for nursing services to be borne by a Worker who takes care of a Subject Family Member in Care-requiring Condition or the equivalent system, in cases where said Worker uses said services to take care of the Subject Family Member instead of taking care thereof by himself or herself during working hours.

Article 34-2 (Appointment of A Promoter for Balancing Work Life and Family Life)

An employer shall appoint a person who takes charge of duties set forth in Article 29 of the Act as a Promoter for Balancing Work Life and Family Life from among persons who are recognized as having the knowledge and experience required for performing said duties.

Chapter 5 Designated Juridical Person 　　　(Omission)

Chapter 6 Miscellaneous Provisions　　　(Omission)

Supplementary Provisions　　　(Omission)

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