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-3. LIMITATION ON NIGHT WORK

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 2 of the Law

Article 31-11. The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 2 of the Law shall be, with respect to the child involved in the request provided for in the same paragraph, a family member (as defined in Article 2, numbered item 5 of the Law) aged not less than 16 years who co-resides with said child and to whom none of the following numbered items applies:

	(1)	a person who is engaged in work during the night hours referred to in Article 19, paragraph 1 of the Law (hereinafter referred to as “Night”) (excluding a person whose number of days of Night work per month is three or less);
	(2)	a person in a condition which makes it difficult to take care of the child involved in the request due to injury, illness, or physical or mental disability;
	(3)	a person who is due to give birth within 6 weeks (in the event of a multiple pregnancy, 14 weeks) or who has given birth less than 8 weeks previously.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 3 of the Law

Article 31-12.The person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 3 of the Law shall be as follows:

	(1)	a worker whose prescribed number of working days per week is two or less;
	(2)	a worker whose prescribed working hours are all during the Night.

Method, Etc. of the Request Provided for in Article 19, Paragraph 1 of the Law

Article 31-13. The request provided for in Article 19, paragraph 1 of the Law shall be made by submitting to the employer a document stating the following items:

	(1)	the date of the request;
	(2)	the name of the worker who is making the request;
	(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);
	(4)	the days defined as the starting day and the ending day of the limitation period involved in the request (this refers to the limitation period provided for in Article 19, paragraph 2 of the Law; the same applies hereinafter);
	(5)	in the event that the child involved in the request is adopted, the day when the adoption came into effect;
	(6)	the fact that there exists no person provided for in Article 31-11.
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 the request, or the fact referred to in 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 19, Paragraph 3 of the Law

Article 31-14. The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 3 of the Law shall be as follows:

	(1)	the death of the child involved in the request;
	(2)	in the event that the child involved in the request is adopted, dissolution or cancellation of the adoption;
	(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;
	(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 19, Paragraph 4, Numbered Item 1 of the Law

Article 31-15. 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 19, paragraph 4, numbered item 1 of the Law.

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 2 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-16. The provisions of Article 31-11 shall apply mutatis mutandis with respect to the person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 2 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law. In such case, the term “child” contained in Article 31-11 and numbered item 2 of the same article shall be read as “Subject Family Member.”

Person Provided for by Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 1, Numbered Item 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-17. The provisions of Article 31-12 shall apply mutatis mutandis with respect to the person provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 1, numbered item 3 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law.

Method, Etc. of the Request Provided for in Article 19, Paragraph 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-18.The request provided for in Article 19, paragraph 1 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law shall be made by submitting to the employer a document stating the following items:

	(1)	the date of the request;
	(2)	the name of the worker who is making the request;
	(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;
	(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;
	(5)	the fact that the Subject Family Member involved in the request is in need of care;
	(6)	the days defined as the starting day and the ending day of the limitation period involved in the request;
	(7)	the fact that there exists no person provided for in Article 31-11 when applied mutatis mutandis as prescribed in Article 31-16.
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 and numbered item 7 of the same paragraph.

Reason Provided for in an Ordinance of the Ministry of Health, Labour and Welfare As Prescribed in Article 19, Paragraph 3 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-19. The reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 19, paragraph 3 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law shall be as follows:

	(1)	the death of the Subject Family Member involved in the request;
	(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;
	(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 19, Paragraph 4, Numbered Item 1 of the Law When Applied Mutatis Mutandis As Prescribed in Article 20, Paragraph 1 of the Law

Article 31-20. 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 19, paragraph 4, numbered item 1 of the Law when applied mutatis mutandis as prescribed in Article 20, paragraph 1 of the Law.

 

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