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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 V. LIMITATION ON NIGHT WORK
Article 19. In the
event that a worker who is taking care of a child that has not yet begun
attending elementary school, and to whom none of following numbered items
applies, so requests in order to take care of said child, an employer
shall not make said worker work in the period between the hours of 10
p.m. and 5 a.m. (hereinafter referred to in this article as “night”).
However, the foregoing shall not apply to cases in which said request
would impede normal business operations.
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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 in a situation where a person provided for by ordinance
of the Ministry of Health, Labour and Welfare, such as a family member
living in the same household as said child, can normally take care
of said child during the night involved in said application; 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 said request. |
| 2. |
Pursuant to ordinance of the Ministry of
Health, Labour and Welfare, the request provided for in the preceding
paragraph shall, with regard to its entire term being one where the
worker cannot be made to work in the night (limited to a term of one
month or more and six months or less; referred to in paragraph 4 below
as “limitation period”), make clear the first day thereof
(hereinafter referred to in this article as “scheduled starting
day of limitation period”) and last day thereof (referred to
in paragraph 4 below as “scheduled ending day of limitation
period”) on or before the day one month prior to the scheduled
starting day of limitation period. |
| 3. |
If, after a request based on the provisions
of paragraph 1 is made and on or before the day preceding the day
defined as the scheduled starting day of limitation period, 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 request, such as the death of the child,
then said request 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. |
| 4. |
In the event that any of the circumstances
listed in the following numbered items arises, the limitation period
shall end on the day said circumstance arises (in the case of numbered
item 3, the preceding day): |
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(1) |
On or before the day preceding the day defined as
the scheduled ending day of limitation period, 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 the child
involved in the request based on the provisions of paragraph 1, 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 limitation period, the child involved
in the request based on the provisions of paragraph 1 has begun attending
elementary school. |
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(3) |
On or before the day defined as the scheduled ending
day of limitation period, [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 term of family care leave
has begun with respect to a worker who has made a request based on
the provisions of paragraph 1. |
| 5. |
The provisions of the second sentence
of paragraph 3 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. |
Article 20. The provisions
of paragraphs 1 through 3 and paragraph 4 (except numbered item 2) of
the preceding article shall apply mutatis mutandis with regard to a worker
who takes care of a subject family member in need of care. In such case,
the phrase “take care of said child” contained in paragraph
1 of the same article shall be read as “take care of said subject
family member”; the term “child” contained in numbered
item 2 of the same paragraph shall be read as “subject family member”;
and the term “child” contained in paragraph 3 and numbered
item 1 of paragraph 4 of the same article shall be read as “subject
family member.”
| 2. |
The provisions of the second sentence of
paragraph 3 of the preceding article 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 paragraph 4 of the same article, as applied mutatis
mutandis in the preceding paragraph. |
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