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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 III-2. LIMITATION ON EXTENSION OF WORKING HOURS
Person Provided for by Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered
Item 2 of the Law
Article 31-2. The
person provided for by ordinance of the Ministry of Health, Labour and
Welfare as prescribed in Article 17, 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 prescribed number of working days per week is not more than
two); |
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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 request provided for in Article
17, paragraph 1 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 request.
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Person Provided for by Ordinance of the Ministry of Health,
Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered
Item 3 of the Law
Article 31-3. The
person provided for by ordinance of the Ministry of Health, Labour and
Welfare as prescribed in Article 17, paragraph 1, numbered item 3 of the
Law shall be a person who falls into either of the following categories:
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(1) |
a worker whose prescribed number of working days per week is not
more than two; or |
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(2) |
a worker who is making a request for limitation of extension of
working hours 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 request and who is neither said worker nor the spouse of said
worker. |
Method, Etc. of the Request Provided for in Article 17,
Paragraph 1 of the Law
Article 31-4.
The request shall be made by submitting to the employer a document
stating the following items:
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(1) |
the date of the request; |
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(2) |
the name of the worker who is making the request; |
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(3) |
the name and date of birth of the child involved in the request,
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 request has not been born at the time of said request, 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 days defined as the starting day and the ending day of the limitation
period involved in the request (here and hereinafter in this Chapter,
this refers to the “limitation period” provided for in
Article 17, paragraph 2); |
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(5) |
in the event that the child involved in the request is adopted,
the day on which the adoption came into effect; and |
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(6) |
the fact that there exists no person provided for in Article 31-2,
and the fact that Article 31-3, numbered item 2 does not apply to
the worker making the request. |
| 2. |
Upon receiving a request provided for in
the preceding paragraph, the employer may require the worker who made
said request to submit documents that can certify the fact of pregnancy,
or the fact of the birth or adoption of the child involved in said
request, or the facts referred to in any of numbered item 6 of the
same paragraph. |
| 3. |
In the event that the child involved in
the request is born after said request is made, the worker who made
said request 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. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 17, Paragraph 3 of
the Law
Article 31-5.
The reason provided for in an ordinance of the Ministry of Health,
Labour and Welfare as prescribed in Article 17, Paragraph 3 of the Law
shall be as follows:
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(1) |
the death of the child involved in the request; |
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(2) |
in the event that the child involved in the request is adopted,
dissolution or cancellation of the adoption; |
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(3) |
the worker who made the request and the child involved in said request
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 the request cannot take
care of the child involved in said request during the period until
the ending day of the limitation period involved in said request. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 17, Paragraph 4, Numbered
Item 1 of the Law
Article 31-6.
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 17, paragraph 4,
numbered item 1 of the Law.
Person Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 17, Paragraph 1, Numbered
Item 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article
18, Paragraph 1 of the Law
Article 31-7. The
provisions of Article 31-3, numbered item 1 shall apply mutatis mutandis
with respect to the person provided for in an ordinance of the Ministry
of Health, Labour and Welfare as prescribed in Article 17, paragraph 1,
numbered item 3 of the Law when applied mutatis mutandis as prescribed
in Article 18, paragraph 1 of the Law.
Method, Etc. of the Request Provided for in Article 17,
Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in
Article 18, Paragraph 1 of the Law
Article 31-8. The
request provided for in Article 17, paragraph 1 of the Law when applied
mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law shall
be made by submitting to the employer a document stating the following
items:
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(1) |
the date of the request; |
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(2) |
the name of the worker making the request; |
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(3) |
the name of the Subject Family Member involved in the request, and
the relationship between said Subject Family Member and the worker
referred to in the preceding numbered item; |
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(4) |
in the event that the Subject Family Member involved in the request
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; |
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(5) |
the fact that the Subject Family Member involved in the request
is in need of care; and |
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(6) |
the days defined as the starting day and the ending day of the
limitation period involved in said request. |
| 2. |
Upon receiving a request provided for
in the preceding paragraph, the employer may require the worker who
made said request to submit documents that can certify the facts referred
to in numbered items 3 through 5 of the same paragraph. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 17, Paragraph 3 of
the Law When Applied Mutatis Mutandis As Prescribed in Article 18, Paragraph
1 of the Law
Article 31-9. The
reason provided for in an ordinance of the Ministry of Health, Labour
and Welfare as prescribed in Article 17, paragraph 3 of the Law when applied
mutatis mutandis as prescribed in Article 18, paragraph 1 of the Law,
shall be as follows:
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(1) |
the death of the Subject Family Member involved in the request;
or |
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(2) |
the Subject Family Member involved in the request having ceased
to have a family relationship with the worker who made said request,
due to divorce, annulment of marriage, dissolution of adoption, or
similar reason; or |
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(3) |
a situation having arisen in which, due to injury, illness, or
physical or mental disability, the worker who made the request cannot
take care of the Subject Family Member involved in said request during
the period until the ending day of the limitation period involved
in said request. |
Reason Provided for in an Ordinance of the Ministry of
Health, Labour and Welfare As Prescribed in Article 17, Paragraph 4, Numbered
Item 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article
18, Paragraph 1 of the Law
Article 31-10. 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 17, paragraph 4, numbered
item 1 of the Law when applied mutatis mutandis as prescribed in Article
18, paragraph 1 of the Law.
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