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Enforcement Regulations for the 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
Special Circumstances Provided by Ordinance of the Ministry
of Health, Labour and Welfare As Prescribed in Article 5, Paragraph 1
of the Law
Article 4.
The special circumstances provided by ordinance of the Ministry
of Health, Labour and Welfare as prescribed in Article 5, paragraph 1
of the Law shall be the circumstances listed in any of the following numbered
items:
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(1) |
with respect to a worker who has made application for child care
leave as provided for in Article 5, paragraph 2 of the Law (hereinafter
referred to as “application for child care leave”), a
period of child care leave provided for in Article 9, paragraph 1
of the Law (hereinafter referred to as “term of child care leave”)
has ended due to the starting of 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) (hereinafter referred to as “term of
maternity leave”), and, on or before the ending day of said
term of maternity leave or a term of child care leave involving a
child or children to whom said worker gave birth during said term
of maternity leave, the said child or said children have either [a]
died, or [b] ceased to co-reside with said worker due to adoption
or other circumstance; |
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(2) |
with respect to a worker who has made application for child care
leave, a term of child care leave has ended due to the starting of
a new term of child care leave (referred to hereafter in this numbered
item as the “new term”), and, on or before the ending
day of said new term, the circumstances listed in either [a] or [b]
of the preceding numbered item arise with respect to the child or
the children involved in said new term of child care leave; |
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(3) |
with respect to a worker who has made application for child care
leave, a term of child care leave has ended due to the starting of
a period of family care leave provided for in Article 15, paragraph
1 of the Law (hereinafter referred to as “term of family care
leave”), and, on or before the ending day of said term of family
care leave, the Subject Family Member involved in said term of family
care leave has either [a] died or [b] ceased to have a family relationship
with the worker who made application for family care leave (this refers
to the application for family care leave provided for in Article 11,
paragraph 2 of the Law; the same applies hereinafter) due to divorce,
annulment of marriage, dissolution of adoption, or similar reason. |
Method of Application for Child Care Leave, Etc.
Article 5.
Application for child care leave shall be made by submitting to
the employer a written application stating the following items:
|
(1) |
the date of the application for child care leave; |
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(2) |
the name of the worker who is making the application for child
care leave; |
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(3) |
the name and date of birth of the child involved in the application
for child care leave, and the relationship between said child and
the worker referred to in the preceding numbered item (in the event
that the child involved in the application for child care leave has
not been born at the time of said application, the name of the person
who is due to give birth to said child, the expected date of birth
of said child, and the relationship between said person and the worker
referred to in the preceding numbered item); |
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(4) |
the day defined as the starting day of the period involved in the
application for child care leave (hereinafter referred to as “scheduled
starting day of the term of child care leave”), and the day
defined as the ending day of said period (hereinafter referred to
as “scheduled ending day of the term of child care leave”); |
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(5) |
in the event that the worker who is making application for child
care leave has a child aged less than one year who is not the child
involved in said application, the said child's name, date of birth,
and relationship with said worker; |
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(6) |
in the event that the child involved in the application for child
care leave is adopted, the day on which the adoption came into effect; |
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(7) |
in the event that the circumstances listed in any of the numbered
items of the preceding article exist, the facts pertaining to said
circumstances; |
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(8) |
in the event that the circumstances listed in any of the numbered
items of Article 9 have arisen, the facts pertaining to said circumstances;
and |
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(9) |
in the event that the circumstances listed in any of the numbered
items of Article 18 exist, the facts pertaining to said circumstances. |
| 2. |
Upon receiving an application for child
care leave provided for in the preceding paragraph, the employer may
require submission of documents that can certify the fact of pregnancy,
or the fact of the birth or adoption of the child involved in said
application, or the facts referred to in any of numbered items 7 through
9 of the same paragraph. |
| 3. |
In the event that the child involved in
the application for child care leave is born after said application
is made, the worker who made said application shall notify the employer
promptly in writing of said child's name, date of birth, and relationship
with said worker. In such case, the employer may require said worker
to submit documents that can certify the birth of said child. |
Person Provided for by Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 6, Paragraph 1, Numbered Item
2 of the Law
Article 6. The person
provided for by ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 6, paragraph 1, numbered item 2 of the Law shall
be a person to whom all of the following numbered items apply:
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(1) |
a person who is not engaged in an occupation (including a person
who is not working due to child care leave or other leave, and a person
whose number of working days per week is not more than that determined
by the Minister of Health, Labour and Welfare to be a very small number); |
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(2) |
a person who is not in a condition which makes it difficult to
take care of the child involved in the application for child care
leave due to injury, illness, or physical or mental disability; |
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(3) |
a person who is not due to give birth within 6 weeks (in the event
of a multiple pregnancy, 14 weeks) and who has not given birth less
than 8 weeks previously; and |
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(4) |
a person who is co-residing with the child involved in the application
for child care leave. |
Person Provided for by Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 6, Paragraph 1, Numbered Item
3 of the Law
Article 7. The person
provided for by ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 6, paragraph 1, numbered item 3 of the Law shall
be a person who falls into any of the following categories:
|
(1) |
a worker with respect to whom it is clear that the employment relationship
will end within one year calculated from the day on which the application
for child care leave was received; |
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(2) |
a worker whose prescribed number of working days per week is not
more than that determined by the Minister of Health, Labour and Welfare
to be a very small number; |
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(3) |
a worker who is making application for child care leave in the
event that all of the numbered items of the preceding article apply
to a person who is a parent of the child involved in said application
and who is neither said worker nor the spouse of said worker. |
Procedure, Etc., in the Case of the Proviso of Article
6, Paragraph 1 of the Law)
Article 8. When an
employer refuses a worker's application for child care leave in accordance
with the proviso of Article 6, paragraph 1 of the Law, and when an employer
ends a worker's child care leave because any of the provisions of the
same proviso with respect to workers who cannot take child care leave
has come to apply to said worker, the necessary procedure and other matters
shall be in accordance with the provisions of the written agreement referred
to in the same proviso.
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 6, Paragraph 3 of
the Law
Article 9. The reason
provided for in an ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 6, paragraph 3 of the Law shall be as follows:
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(1) |
the birth of a child before the expected date of birth; |
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(2) |
the death of a spouse who is a parent of the child involved in
the application for child care leave (hereinafter referred to as “Spouse”); |
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(3) |
a situation having arisen in which a Spouse, due to injury or sickness,
has difficulty in taking care of the child involved in the application
for child care leave; |
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(4) |
a Spouse having ceased to co-reside with the child involved in the
application for child care leave. |
Day Provided for in an Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 6, Paragraph 3 of the Law
Article 10. The day
provided for in an ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 6, paragraph 3 of the Law shall be the day on
which one week will have passed calculated from the day following that
on which the application for child care leave was received.
Designation Provided for in Article 6, Paragraph 3 of the
Law
Article 11. The designation
provided for in Article 6, paragraph 3 of the Law shall be made by issuing,
on or before the day defined as the scheduled starting day of child care
leave (in the event that such day is a day after that on which three days
will have passed calculated from the day following the day when the application
for child care leave was received, the said day on which three days will
have passed), a document stating the day designated as the scheduled starting
day of child care leave to the worker who made application for child care
leave.
Application for Change of the Scheduled Starting Day of
Child Care Leave
Article 12.
The application for change of the scheduled starting day of child
care leave provided for in Article 7, paragraph 1 of the Law (referred
to hereafter in this article and Article 14 as “Application for
Change”) shall be made by submitting in writing to the employer
an Application for Change stating the following items:
|
(1) |
the date of the Application for Change; |
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(2) |
the name of the worker who is making the Application for Change; |
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(3) |
the post-change scheduled starting day of child care leave; and |
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(4) |
the facts pertaining to the reason for making the Application for
Change. |
| 2. |
Upon receiving an Application for Change
as provided for in the preceding paragraph, the employer may require
the worker who made said Application for Change to submit documents
that can certify the facts listed in numbered item 4 of the preceding
paragraph. |
Period Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 7, Paragraph 2 of
the Law
Article 13. The period
provided for in an ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 7, paragraph 2 of the Law shall be one week.
Designation Provided for in Article 7, Paragraph 2 of the
Law
Article 14. The designation
provided for in Article 7, paragraph 2 of the Law shall be made by issuing,
on or before the day defined as the post-change scheduled starting day
of child care leave (in the event that such day is a day after that on
which three days will have passed calculated from the day following the
day when the Application for Change was received, the said day on which
three days will have passed), a document stating the day designated as
the scheduled starting date of child care leave to the worker who made
the Application for Change.
Day Provided for by Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 7, Paragraph 3 of the Law
Article 15.
The day provided for by ordinance of the Ministry of Health, Labour
and Welfare as prescribed in Article 7, paragraph 3 of the Law shall be
the day one month before the day defined in the application for child
care leave as the scheduled ending day of child care leave.
Application for Change of the Scheduled Ending Day of Child
Care Leave
Article 16. The application
for change of the scheduled ending day of child care leave provided for
in Article 7, paragraph 3 of the Law (referred to hereafter in this article
as “Application for Change”) shall be made by submitting in
writing to the employer an Application for Change stating the following
items:
|
(1) |
the date of the Application for Change; |
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(2) |
the name of the worker who is making the Application for Change;
and |
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(3) |
the post-change scheduled ending day of child care leave. |
Withdrawal of Application for Child Care Leave
Article 17. The withdrawal
of application for child care leave provided for in Article 8, paragraph
1 of the Law shall be made by submitting to the employer a document stating
that the application is withdrawn and the date of withdrawal.
Special Circumstances Provided by Ordinance of the Ministry
of Health, Labour and Welfare As Prescribed in Article 8, Paragraph 2
of the Law
Article 18. The special
circumstances provided by ordinance of the Ministry of Health, Labour
and Welfare as prescribed in Article 8, paragraph 2 of the Law shall be
the circumstances listed in any of the following numbered items:
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(1) |
the death of a Spouse; |
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(2) |
a situation having arisen in which a Spouse, due to injury, illness,
or physical or mental disability, has difficulty in taking care of
the child involved in the application for child care leave; |
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(3) |
a Spouse having ceased to co-reside with the child involved in the
application for child care leave due to annulment of marriage or other
circumstance. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 8, Paragraph 3 of
the Law
Article 19. The reason
provided for in an ordinance of the Ministry of Health, Labour and Welfare
as prescribed in Article 8, paragraph 3 of the Law shall be as follows:
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(1) |
the death of the child involved in the application for child care
leave; |
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(2) |
in the event that the child involved in the application for child
care leave is adopted, dissolution or cancellation of the adoption; |
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(3) |
the worker who made application for child care leave and the child
involved in said application having ceased to co-reside due to adoption
of said child or other circumstance; or |
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(4) |
a situation having arisen in which, due to injury, illness, or physical
or mental disability, the worker who made application for child care
leave cannot take care of the child involved in said application during
the period while said child is less than one year old. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 9, Paragraph 2, Numbered
Item 1 of the Law
Article 20. The provisions
of the preceding article shall apply mutatis mutandis with respect to
the reason provided for in an ordinance of the Ministry of Health, Labour
and Welfare as prescribed in Article 9, paragraph 2, numbered item 1 of
the Law.
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