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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 III. FAMILY CARE LEAVE
Application for Family Care Leave
Article 11.
A worker may take family care leave upon application to his or her employer.
However, persons employed for a fixed period of time shall only be able to make such application
when any all 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 93 days elapse beginning
with the scheduled starting day of family care leave set forth in paragraph 3
(hereinafter referred to as “date on which 93 days elapse”; excludes persons
whose labor contract will expire during the next year after the date on which 93 days elapse
when it is clear that the labor contract will not be renewed). |
| 2. |
Notwithstanding the provisions of the preceding paragraph, a worker who has taken family care leave
may not make the application set forth in the preceding paragraph with regard to the subject family member
for whom said family care leave was taken when any of the following apply to the subject family member. |
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(1) |
The subject family member has been in a condition that requires continued care from the date on
which said family care leave commenced (excluding special circumstances as provided by ordinance of the Ministry of Health,
Labour and Welfare). |
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(2) |
With regards to the subject family member, the number of days calculated as shown below
(referred to as “term of family care leave, etc.” in paragraph 1 of Article 15 and paragraph 2 of Article 23)
has reached or exceeded 93 days. |
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A. |
Number of days of family care leave (number of days as counted from the day on which family care leave commenced
until the day on which family care leave ended; in the case of multiple family care leaves,
the number of days found by totaling the number of days from the day on which family care leave commenced
until the day on which family care leave ended for each family care leave). |
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B. |
The number of days for which shortened work hours or other measures as set forth in paragraph 2 of Article 23
were provided as set forth in an ordinance of the Ministry of Health, Labour and Welfare
(the number of days as counted from the day on which the first of said measures commenced until the day on
which the last of said measures ended [when there is a period of family care leave during this time,
the number of days from the day on which family care leave commenced until the day on which family care leave ended
shall be subtracted], when measures are provided for two or more “in need of care” situations,
the number of days found by totaling the number of days from the day on which the first measure commenced
until the day on which the final measure ended [when there is a period of family care leave during this time,
the number of days from the day on which family care leave commenced until the day on which family care leave ended
shall be subtracted]). |
| 3. |
Pursuant to ordinance of the Ministry of Health, Labour and Welfare, the application provided for in paragraph 1
(hereinafter referred to as “application for family care leave”)
shall make clear that the subject family member involved in said application for family care leave is in need of care.
Moreover, with regard to its entire term being regarded as the taking of family care leave concerning said subject family member,
said application shall make clear the first day and last day thereof (hereinafter referred to respectively
as “scheduled starting day of family care leave” and “scheduled ending day of family care leave”). |
| 4. |
The proviso to paragraph 1 and paragraph 2 (except numbered item 2 of paragraph 2) 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 family care leave (when the scheduled ending day of family care leave is changed
under the provisions of paragraph 3 of Article 7 as applied mutatis mutandis in Article 13,
the new scheduled ending day of family care leave) apply, in conjunction with the renewal of said labor contract,
for family care leave with a scheduled starting day of family care leave that is the first day of the term of the renewed labor contract. |
Obligations of Employers, Etc. upon Receiving an Application
for Family Care Leave
Article 12. When an
employer receives an application for family care leave from a worker,
the employer may not refuse said application for family care leave.
| 2. |
The provisions of the proviso of paragraph 1 (except numbered item 2) and paragraph 2 of Article 6
shall apply mutatis mutandis to the case where an employer receives an application for family care leave from a worker.
In such case, the phrase “the proviso of the preceding paragraph” contained in paragraph 2 of Article 6
shall be read as “the proviso of paragraph 1 of Article 6, as applied mutatis mutandis in paragraph
2 of Article 12,” and the phrase “paragraph 1 or paragraph 3 of the preceding article”
shall be read as “paragraph 1 of Article 11.” |
| 3. |
When an employer receives an application for family care leave from
a worker, if the day defined as the scheduled starting day of family
care leave in said application for family care leave is a day before
that on which two weeks will have passed calculated from the day following
that on which said application for family care leave was received
(hereinafter in this paragraph referred to as “day after two
weeks pass”), then pursuant to ordinance of the Ministry of
Health, Labour and Welfare, the employer may designate as the scheduled
starting day of family care leave any day from the day defined as
said scheduled starting day of family care leave until the day after
two weeks pass. |
| 4. |
The provisions of paragraph 2 and paragraph 3 of this shall not apply
when the worker has applied for family care leave pursuant to paragraph 4 of the preceding article. |
Application for Change of the Scheduled Ending Day of Family
Care Leave
Article 13. The provisions
of paragraph 3 of Article 7 shall apply mutatis mutandis to an application
for a change of the scheduled ending day of family care leave.
Withdrawal of Application for Family Care Leave, Etc.
Article 14. A worker
who has applied for family care leave may withdraw said application for
family care leave on or before the day preceding the day defined as the
scheduled starting day of family care leave in said application for family
care leave (here and hereinafter in paragraph 3 of this article, when
paragraph 3 of Article 8 is applied mutatis mutandis; in paragraph 1 of
the following article; and in paragraph 2 of Article 23, if the employer
makes a designation based on the provisions of paragraph 3 of Article
12, then said employer-designated day).
| 2. |
If a withdrawal of an application for family care leave is made
based on the provisions of the preceding paragraph, then, except for
the first application for family care leave made after said withdrawal,
an employer may refuse an application for family care leave with respect
to the subject family member involved in said withdrawal notwithstanding
the provisions of paragraph 1 of Article 12. |
| 3. |
The provisions of paragraph 3 of Article 8 shall apply mutatis
mutandis with regard to applications for family care leave. In such
case, “child” and “child care” in the same
paragraph shall be read respectively as “subject family member”
and “family care.” |
Term of Family Care Leave
Article 15.
The period for which a worker who has applied for family care leave may take family care leave
(hereinafter referred to as “term of family care leave”) shall be the period from the day defined as said
scheduled starting day of family care leave in said application for family care leave until the day defined as said
scheduled ending day of family care leave (if that ending day is a day after that found by subtracting from 93 days
the number of days of family care leave, etc. taken for the subject family member in the application for family care
leave filed by the worker, the day on which said period elapses, and so in paragraph 3 of this article).
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(1) |
If said worker applies for family care leave with regard to a subject
family member based on the provisions of Article 11 in a case where,
as referred to in the proviso of paragraph 1 of said article, there
are special circumstances as provided by ordinance of the Ministry
of Health, Labour and Welfare, then the day defined as said scheduled
starting day of family care leave involved in the first family care
leave that started with regard to said subject family member. |
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(2) |
If, regarding said worker, measures from among those set forth in
paragraph 2 of Article 23 and provided by ordinance of the Ministry
of Health, Labour and Welfare, such as shortening of working hours,
are already being taken for the subject family member involved in
the application for family care leave, then the initial day on which
such measures were first taken. |
| 2. |
In this article, in the event
that said scheduled ending day of family care leave is changed based
on the provisions of paragraph 3 of Article 7 as applied mutatis mutandis
in Article 13, the scheduled ending day of family care leave shall
refer to the post-change scheduled ending day of family care leave. |
| 3. |
In the event that any of the circumstances
listed in the following numbered items arises, the term of family
care leave shall end on the day said circumstance arises (in the case
of numbered item 2, the preceding day) notwithstanding the provisions
of paragraph 1: |
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(1) |
On or before the day preceding the day defined as the scheduled
ending day of family 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 subject family
member involved in said application for family care leave, such as
the death of the subject family member; or |
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(2) |
On or before the day defined as the scheduled ending
day of family 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, [b] a term of child care leave, or [c] a new term of family care
leave has begun with respect to a worker who has applied for family
care leave. |
| 4. |
The provisions of the second sentence
of paragraph 3 of Article 8 shall apply mutatis mutandis with regard
to cases where a reason provided for in an ordinance of the Ministry
of Health, Labour and Welfare arises as set forth in numbered item
1 of the preceding paragraph. |
Application Mutatis Mutandis
Article 16. The provisions
of Article 10 shall apply mutatis mutandis with regard to applying for
and taking family care leave.
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