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Law Concerning the Welfare of Workers Who Take Care of Children or Other
Family Members, Including Child Care and Family Care Leave
CHAPTER II. CHILD CARE LEAVE
Application for Child Care Leave
Article 5.
A worker may take child care leave upon application to his or her employer provided the child to be cared for is less than one year of age.
However, persons employed for a fixed period of time shall only be able to make such application whenall the following criteria are fulfilled.
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(1) |
Persons employed by the employer for a continuous period of at least one year. |
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(2) |
Persons likely to continue to be employed after the date on which their dependent child reaches one year of age
(hereinafter referred to as “date on which one year of age reached,”;
excludes persons whose labor contract will expire during the next year after the date
on which the child reaches one year of age when it is clear that the labor contract will not be renewed). |
| 2. |
Notwithstanding the provisions of the preceding paragraph,
except when there are special circumstances as provided by ordinance of the Ministry of Health, Labour and Welfare,
a worker who has taken child care leave may not make application as set forth in the preceding paragraph
with regard to a child whom he or she was already taking care of on the day said child care leave commenced. |
| 3. |
A worker may take child care leave to care for a child between one year and one year and six months of age
upon application to his or her employer only when all the following circumstances applies. However, workers employed for a fixed period of time
and whose spouse is taking child care leave on the date on which the child reaches one year of age may only make said application
when all the following criteria are listed under numbered items of paragraph 1 applies. |
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(1) |
The worker or the worker’s spouse is taking child care leave with regard to the child for whom application is made until the date on which said child reaches one year of age. |
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(2) |
Leave during the period after said child reaches one year of age is deemed particularly necessary
for continued employment as set forth by ordinance of the Ministry of Health, Labour and Welfare. |
| 4. |
Pursuant to ordinance of the Ministry of Health, Labour and Welfare,
the application provided for in paragraph 1 and the preceding paragraph (hereinafter referred to as “application for child care leave”)
shall, with regard to its entire term being regarded as the taking of child care leave, make clear the first day and last day thereof
(hereinafter referred to respectively as “scheduled starting day of child care leave” and “scheduled ending day of child care leave”).
In the circumstances described above, applications under the provisions of said paragraphs shall deem the day after the date on
which said child reaches one year of age to be the scheduled starting day of child care leave. |
| 5. |
The proviso to paragraph 1, paragraph 2, the proviso to paragraph 3 and the latter portion of the preceding paragraph
shall not apply when persons employed for a fixed period of time who have designated the final day of the term of their labor contract as the scheduled ending day of child care leave
(when the scheduled ending day of child care leave is changed under the provisions of paragraph 3 of Article 7, the new scheduled ending day of child care leave) apply,
in conjunction with the renewal of said labor contract, for child care leave with a scheduled starting day of child care leave that is the first day of the term of the renewed labor contract. |
Obligations of Employers, Etc. Upon Receiving an Application
for Child Care Leave
Article 6. When an
employer receives an application for child care leave from a worker, the
employer may not refuse said application for child care leave. However,
the foregoing shall not apply to cases in which an employer receives an
application for child care leave from a worker who comes under the purview
of any of the following categories and is provided for as a person who
cannot take child care leave by a written agreement between said employer
and either a labour union (if there exists a labour union organized by
a majority of workers at the workplace where said worker is employed)
or the person who represents the majority of such workers (if no labour
union organized by a majority of workers at the workplace where said worker
is employed exists):
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(1) |
A worker whose continuous term of employment by said employer is
less than one year; |
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(2) |
A worker whose spouse is a parent of a child involved in said application
for child care leave and is provided for by ordinance of the Ministry
of Health, Labour and Welfare as a person who can normally take care
of said child; and |
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(3) |
In addition to the persons referred to in the preceding two numbered
items, a person provided for by ordinance of the Ministry of Health,
Labour and Welfare as a worker with regard to whom there is found
to be good cause for not allowing the taking of child care leave. |
| 2. |
In the case of the proviso of the preceding paragraph,
a worker whose application for child care leave has been refused by the employer may not take child care leave,
notwithstanding the provisions of paragraph 1 and paragraph 3 of the preceding article. |
| 3. |
When an employer receives an application for child care leave from a worker,
if the day defined as the scheduled starting day of child care leave in said application for child care leave is a day before
that on which one month (two weeks in the case of applications made under the provisions of paragraph 3 of the preceding article)
will have passed calculated from the day following that on which said application for child care leave was received
(hereinafter in this paragraph referred to as “day after one month, etc. passes”),
then pursuant to ordinance of the Ministry of Health, Labour and Welfare,
the employer may designate as the scheduled starting day of child care leave any day from the day defined as said
scheduled starting day of child care leave until the day after one month, etc. passes
(if a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare,
such as the birth of a child before the expected date of birth, arises before said application for child care leave is received,
then a day that is provided for in an ordinance of the Ministry of Health,
Labour and Welfare and that falls before said day after one month, etc. passes). |
| 4. |
The provisions of the proviso to paragraph 1 and the provisions of the preceding paragraph
shall not apply for workers making application for child care leave pursuant to paragraph 5 of the preceding article. |
Application for Change of the Scheduled Starting Day of
Child Care Leave, Etc.
Article 7.
If a reason provided for in an ordinance of the Ministry of Health,
Labour and Welfare referred to in paragraph 3 of the preceding article arises,
a worker who has applied for child care leave pursuant to provisions of paragraph 1 of Article 5 may thereafter,
on or before the day preceding the day defined as the scheduled starting day of child care leave in said application
(here and hereinafter in this paragraph, if the employer makes a designation based on paragraph 3 of the preceding article,
then said employer-designated day), by applying to his or her employer, and for one time only,
change the day defined as the scheduled starting day of child care leave in said application for child care leave to a day
before said day defined as the scheduled starting day of child care leave in said application for child care leave.
| 2. |
In the event that an employer receives
an application based on the provisions of the preceding paragraph
from a worker, when the said post-change day defined as the scheduled
starting day of child care leave in said application is a day before
that on which a period provided for in an ordinance of the Ministry
of Health, Labour and Welfare as being within one month calculated
from the day following that on which said application was received
(hereinafter referred to in this paragraph as “day when the
period passes”), then pursuant to ordinance of the Ministry
of Health, Labour and Welfare, the employer may designate as the scheduled
starting day of child care leave for said worker any day from the
said post-change day defined as the scheduled starting day of childcare
leave in said application until said day when the period passes (if
such day is a day after the pre-change day defined as the scheduled
starting day of child care leave in said application [here and hereinafter
in this paragraph, if the employer makes a designation based on paragraph
3 of the preceding article, then said employer-designated day], then
the pre-change day defined as the scheduled starting day of child
care leave in said application). |
| 3. |
A worker who has applied for child care
leave may, by applying to his or her employer on or before the day
provided for by ordinance of the Ministry of Health, Labour and Welfare,
and for one time only, change said day defined as the scheduled ending
day of child care leave in said application for child care leave to
a day after said day defined as the scheduled ending day of child
care leave in said application for child care leave. |
Withdrawal of Application for Child Care Leave, Etc.
Article 8.
A worker who has applied for child care leave may withdraw said application for
child care leave on or before the day preceding the day defined as the
scheduled starting day of child care leave in said application for child
care leave (here and hereinafter in paragraph 3 of this article and paragraph
1 of the following article, if the employer makes a designation based
on the provisions of paragraph 3 of Article 6 or paragraph 2 of the preceding
article, then said employer-designated day; if the scheduled starting
day of child care leave is changed based on paragraph 1 of the preceding
article, such post-change day defined as the scheduled starting day of
child care leave).
| 2. |
Except where there are special circumstances as provided by ordinance of the Ministry of Health, Labour and Welfare,
a worker who has withdrawn an application for child care leave based on the provisions of the preceding paragraph
may not apply for child care leave with regard to the child involved in said application for child care leave,
notwithstanding the provisions of paragraph 1 and paragraph 3 of Article 5. |
| 3. |
If, after an application for child care
leave is made and on or before the day preceding the day defined as
the scheduled starting day of child care leave, there arises a reason
provided for in an ordinance of the Ministry of Health, Labour and
Welfare as a reason that cancels the worker's taking care of said
child involved in said application for child care leave, such as the
death of the child, then said application for child care leave shall
be regarded as not filed. In such case, the worker must notify the
employer to the effect that said reason has arisen without delay.
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Term of Child Care Leave
Article 9.The period
for which a worker who has applied for child care leave may take child
care leave (hereinafter referred to as “term of child care leave”)
shall be the period from the day defined as said scheduled starting day
of child care leave until the day defined as said scheduled ending day
of child care leave (here and hereinafter in the following paragraph,
if said scheduled ending day of child care leave is changed based on the
provisions of paragraph 3 of the Article 7, such post-change day defined
as the scheduled ending day of child care leave).
| 2. |
In the event that any of the circumstances listed in the following numbered items arises,
the term of child care leave shall end on the day said circumstance arises (in the case of numbered item 3,
the preceding day) notwithstanding the provisions of the preceding paragraph: |
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(1) |
On or before the day preceding the day defined as the scheduled
ending day of child care leave, there arises a reason provided for
in an ordinance of the Ministry of Health, Labour and Welfare as a
reason that cancels the worker's taking care of said child involved
in said application for child care leave, such as the death of the
child; |
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(2) |
On or before the day preceding the day defined as the scheduled ending day of child care leave,
a child involved in said application for child care leave reaches one year of age
(in the case of child care leave applied for pursuant to paragraph 3 of Article 5, one year and six months of age); or |
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(3) |
On or before the day defined as the scheduled ending day of child
care leave, [a] 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), [b] a term of family care leave provided for in paragraph
1 of Article 15, or [c] a new term of child care leave has begun with
respect to a worker who has applied for child care leave. |
| 3. |
The provisions of the second sentence of
paragraph 3 of the preceding article shall apply mutatis mutandis
to cases where there arises a reason provided for in an ordinance
of the Ministry of Health, Labour and Welfare as referred to in numbered
item 1 of the preceding paragraph. |
Prohibition of Disadvantageous Treatment
Article 10. An employer
may not dismiss or otherwise treat a worker disadvantageously by reason
of said worker applying for or taking child care leave.
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