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

CHAPTER I. GENERAL PROVISIONS

Purposes

Article 1. The purposes of this law are to promote the welfare of workers who take care of children or other family members and to contribute to the development of the economy and society. These purposes will be accomplished by contributing to the coexistence of such persons’ working life and family life by means of promoting the continuous employment and the re-employment of said workers, etc. through such steps as establishing a system for child care leave, family care leave, and leave to take care of a sick child; prescribing measures that the employers are to take concerning working hours, etc. for the purpose of facilitating the care of children and other family members; and taking support measures with regard to said workers, etc.

Definitions

Article 2. As used in this Law, the definitions of the terms listed in the following numbered items are as set forth therein.

	(1)	The term “child care leave” means leave that a worker takes in accordance with the following chapter for the purpose of taking care of his or her child. The term “worker,” as used in this article, the following chapter through Chapter 5, Article 21 through Article 26, Article 28 and article 29, does not include a day laborer.
	(2)	The term “family care leave” means leave that a worker takes in accordance with Chapter III for the purpose of taking care of a subject family member in need of care.
	(3)	The term “in need of care” means in a condition requiring constant care for a period as provided by ordinance of the Ministry of Health, Labour and Welfare due to injury, sickness, or physical or mental disability.
	(4)	The term “subject family member” means spouse, parent, child, or parent of a spouse. The term “spouse,” as used in this item and paragraph 3 of Article 61 (including cases where the same provisions are applied mutatis mutandis in paragraph 6 of Article 61), includes a person in a relationship with the worker that is factually similar to marriage, though no marriage has been registered. The terms “parent” and “child” include persons deemed by ordinance of the Ministry of Health, Labour and Welfare to be treated in the same way as “parent” and “child.”
	(5)	The term “family member” means subject family member and other relatives as provided by ordinance of the Ministry of Health, Labour and Welfare.

Basic Principles

Article 3. As set forth in this Law, the promotion of the welfare of workers, etc. who take care of children or other family members has the principal objective of enabling such workers to engage in a full working life by making effective use of their abilities throughout their working life, and to smoothly fulfill their roles as family members with regard to caring for their children or other family members.

Duties of Parties Concerned

Article 4. Employers, the State, and local public bodies shall, in compliance with the basic principles provided for in the preceding article, endeavor to promote the welfare of workers, etc. who take care of children or other family members.

 

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