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 III. FAMILY CARE LEAVE

Special Circumstances Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 11, Paragraph 1 of the Law

Article 21. The special circumstances provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 11, paragraph 1 of the Law shall be the circumstances listed in any of the following numbered items:

	(1)	with respect to a worker who has made application for family care leave, a term of family care leave has ended due to the starting of a new term of family care leave, and, on or before the ending day of said new term of family care leave, the Subject Family Member involved in said new 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, due to divorce, annulment of marriage, dissolution of adoption, or similar reason;
	(2)	with respect to a worker who has made application for family care leave, a term of family care leave has ended due to the starting of a term of maternity leave or a term of child care leave, and, on or before the ending day of said term of maternity leave (including a term of child care leave involving a child or children to whom said worker gave birth during said term of maternity leave; the same applies hereafter in this numbered item) or term of child care leave, the circumstances listed in either [a] or [b] of numbered item 1 of Article 4 arise with respect to the child or the children involved in said term of maternity leave or term of child care leave.

Method of Application for Family Care Leave, Etc.

Article 22. Application for family care leave shall be made by submitting to the employer a written application stating the following items:

	(1)	the date of the application for family care leave;
	(2)	the name of the worker who is making the application for family care leave;
	(3)	the name of the Subject Family Member involved in the application for family care leave, and his or her relationship with the worker referred to in the preceding numbered item;
	(4)	in the event that the Subject Family Member involved in the application for family care leave is a grandparent, brother, sister, or grandchild, the fact that said Subject Family Member co-resides with and is a dependent of the worker referred to in numbered item 2;
	(5)	the fact that the Subject Family Member involved in the application for family care leave is in need of care (as defined in Article 2, numbered item 3 of the Law; the same applies hereinafter);
	(6)	the day defined as the starting day of the period involved in the application for family care leave (hereinafter referred to as “scheduled starting day of the term of family care leave”), and the day defined as the ending day of said period (hereinafter referred to as “scheduled ending day of the term of family care leave”); and
	(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.
2.	Upon receiving an application for family care leave provided for in the preceding paragraph, the employer may require the worker who made said application to submit documents that can certify the facts referred to in any of numbered items 3 through 5 and numbered item 7 of the same paragraph.

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 When Applied Mutatis Mutandis As Prescribed in Article 12, Paragraph 2 of the Law

Article 23. 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 when applied mutatis mutandis as prescribed in Article 12, paragraph 2 of the Law shall be a person who falls into either of the following categories:

	(1)	a worker with respect to whom it is clear that the employment relationship will end within three months calculated from the day following the day on which the application for family care leave was received;
	(2)	a worker provided for in Article 7, numbered item 2.

Procedure, Etc., in the Case of the Proviso of Article 6, Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 12, Paragraph 2 of the Law

Article 24. The provisions of Article 8 shall apply mutatis mutandis with respect to the procedure and other matters in the case of the proviso of Article 6, paragraph 1 of the Law when applied mutatis mutandis as prescribed in Article 12, paragraph 2 of the Law.

Designation Provided for in Article 12, Paragraph 3 of the Law

Article 25. The designation provided for in Article 12, paragraph 3 of the Law shall be made by issuing, on or before the day defined as the scheduled starting day of family 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 family 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 family care leave to the worker who made application for family care leave.

Day Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 7, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 13 of the Law

Article 26. The day provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 7, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 13 of the Law shall be the day two weeks before the day defined in the application for family care leave as the scheduled ending day of family care leave.

Application for Change of the Scheduled Ending Day of Family Care Leave

Article 27. The provisions of Article 16 shall apply mutatis mutandis with respect to the application for change of the scheduled ending day of family care leave provided for in Article 7, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 13 of the Law.

Withdrawal of Application for Family Care Leave

Article 28. The provisions of Article 17 of the Law shall apply mutatis mutandis with respect to the withdrawal of an application for family care leave provided for in Article 14, paragraph 1 of the Law.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 8, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 14, Paragraph 3 of the Law

Article 29. 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 when applied mutatis mutandis as prescribed in Article 14, paragraph 3 of the Law shall be as follows:

	(1)	the death of the Subject Family Member involved in the application for family care leave;
	(2)	the Subject Family Member involved in the application for family care leave having ceased to have a family relationship with the worker who made said application, due to divorce, annulment of marriage, dissolution of adoption, or similar reason; or
	(3)	a situation having arisen in which, due to injury, illness, or physical or mental disability, the worker who made application for family care leave cannot take care of the Subject Family Member involved in said application during the period until the day on which three months will have passed, as provided for in Article 15, paragraph 1 of the Law, that is involved in said application for family care leave.

Measures Provided by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 15, Paragraph 1, Numbered Item 2 of the Law

Article 30. The measures provided by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 15, paragraph 1, numbered item 2 of the Law shall be measures which are among those set forth in any of the numbered items of Article 34, paragraph 2 and with respect to which the employer has clearly stated to the worker(s) subject thereto the initial day on which said measures were first taken.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 15, Paragraph 3, Numbered Item 1 of the Law

Article 31. The provisions of Article 29 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 15, paragraph 3, numbered item 1 of the Law.

 

|  HOME  |  Japan Institute of Workers' Evolution 
  Laws and Guidelines  |  The Situation of Women in Japan  |