Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members

The purpose of this Act is to promote the continuation of the employment, and the re-employment of the workers who engage in childcare and caregiving for family members, by establishing a system for childcare leave and caregiver leave, and, a system for short-term leave for sick/injured childcare, etc. and short-term leave for caregivers, prescribing the measures to be taken by employers regarding scheduled working hours in order to facilitate childcare and caregiving for family members as well as taking measures to support those workers, thereby to promote the welfare of those workers by contributing to the balance of their working and family lives, while contributing to the development of the economy and society.

In this Act, the meanings of the terms set forth in the following items are as prescribed respectively in those items (excluding Article 9-7, Article 61, paragraphs (28), (41), (42) and (45), and Article 61-2, paragraph (23) as regards the term set forth in item (i)):

①The promotion of the welfare of workers who engage in childcare and caregiving for family members under the provisions of this Act has the principal objective of enabling those workers to engage in a productive working life by making effective use of their abilities throughout their working life, as well as smoothly fulfilling their role as a family member in terms of raising their children or providing caregiving for family members.

②Workers who take leave in order to engage in childcare and caregiving for family members must endeavor to make efforts for a smooth return to work in following that leave.

Employers, the national government, and local governments must, in compliance with the basic principles prescribed in the preceding Article, endeavor to promote the welfare of the workers who engage in childcare and caregiving for family members.

①A worker may take childcare leave (excluding the parental leave prescribed in Article 9-2, paragraph (1); the same applies in this Article through Article (9) upon applying to their employer if the child that worker takes care of is less than one year of age; provided, however, that a person employed for a fixed period of time may only file that application in cases where it is not clear that the term of that person's labor contract (or, if the labor contract has been renewed, the renewed labor contract; the same applies in paragraph (3), Article 9-2, paragraph (1), and Article 11, paragraph (1)) expires before the date on which the child that worker takes care of reaches one year and six months of age.

②Notwithstanding the provisions of the preceding paragraph, a worker who has taken childcare leave (excluding childcare leave to be taken based on the application for childcare leave set forth in paragraph (7)) twice within the period before the date on which the child that worker takes care of reaches one year of age (hereinafter referred to as "date on which the child reaches one year of age") (excluding the period during which the worker does not take care of that child) may not file the application under the provisions of the preceding paragraph with regard to that child, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare.

③A worker may take childcare leave upon applying to their employer if the child that worker takes care of is between one year and one year and six months of age, only when that worker falls under both of the following items (or, in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare, when that worker falls under item (ii)); provided, however, that a worker employed for a fixed term (excluding a worker who takes childcare leave on the date on which the child reaches one year of age and files an application in which the day following that day is deemed as the scheduled start date for childcare leave set forth in paragraph (6)) may only file that application, in cases where it is not clear that their labor contract expires before the date on which the child reaches one year and six months of age.

④A worker may take childcare leave upon applying to their employer if the child that worker takes care of is between one year and six months and two years of age, only when that worker falls under both of the following items (or, in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare referred to in the preceding paragraph, if that worker falls under item (ii)).

⑤The provisions of the proviso of paragraph (1) apply mutatis mutandis to the application pursuant to the provisions of the preceding paragraph. In this case, the term "one year and six months" in the proviso of paragraph (1) is deemed to be replaced with "two years."

⑥An application under the provisions of paragraphs (1), (3), and (4) (hereinafter referred to as an "application for childcare leave") must be filed, with regard to a continued period for childcare leave, by making the first day thereof clear (hereinafter referred to as the "scheduled start date for childcare leave") and the last day thereof (hereinafter referred to as the "scheduled end date for childcare leave") as prescribed by Order of the Ministry of Health, Labour and Welfare. In this case, applications set forth in the following items must be filed by deeming the day prescribed respectively in those items as the scheduled start date for childcare leave, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare referred to in paragraph (3).

⑦The provisions of the proviso of paragraph (1), paragraph (2), paragraph (3) (excluding items (i) and (ii)), paragraph (4) (excluding items (i) and (ii)), paragraph (5), and the second sentence of the preceding paragraph do not apply to cases where a person employed for a fixed period of time who takes childcare leave, having designated the last day of the labor contract period as the scheduled end date for childcare leave (or, in cases where the relevant scheduled end date for childcare leave is changed pursuant to the provisions of Article 7, paragraph (3), the changed scheduled end date for childcare leave) files an application for that childcare leave, due to the renewal of the labor contract, in which the first day of the renewed labor contract period is the scheduled start date for childcare leave.

①Employers may not, when an application for childcare leave is filed by a worker, refuse the application for childcare leave; provided, however, that this does not apply to cases where an application for childcare leave is filed by a worker who falls under any of the following items and who is set forth as a person who may not take childcare leave under a written agreement between their employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed:

②In the case referred to in the proviso of the preceding paragraph, a worker whose application for childcare leave has been refused by an employer may not take childcare leave, notwithstanding the provisions of paragraphs (1), (3), and (4) of the preceding Article.

③An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application for childcare leave, when the scheduled start date for childcare leave in the application falls before the date on which one month (or two weeks when an application is filed pursuant to the provisions of paragraph (3) of the preceding Article (limited to the date of the application occurring on or prior to the date on which a child in the application reaches one year of age) or when an application is filed pursuant to the provisions of paragraph (4) of the preceding Article (limited to the date of the application occurring on or prior to the date on which a child in the application reaches one year and six months of age) from the day following the date of the relevant application for childcare leave) elapses (referred to as "one month expiry date" hereinafter in this paragraph), designate as the scheduled start date for childcare leave any day during the period between the scheduled start date for childcare leave and the one month expiry date (or a day which falls before the one month expiry date and which is specified by Order of the Ministry of Health, Labour and Welfare in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare, such as the birth of a child before the expected date, before the day of the application for childcare leave).

④The provisions of the proviso of paragraph (1) and the preceding paragraph do not apply to cases where a worker files an application for childcare leave prescribed in paragraph (7) of the preceding Article.

①A worker who has filed an application for childcare leave pursuant to the provisions of Article 5, paragraph (1) may, in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (3) of the preceding Article on or before the day preceding the scheduled start date for childcare leave in the application (in cases where the employer designates the day pursuant to the provisions of paragraph (3) of the preceding Article, the day designated by the employer; the same applies hereinafter in this paragraph), change the scheduled start date for childcare leave only once in the application to a day before the scheduled start date for childcare leave, by notifying the employer.

②An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application pursuant to the provisions of the preceding paragraph, when the changed scheduled start date for childcare leave in the application falls before the day on which the period specified by Order of the Ministry of Health, Labour and Welfare within a period not exceeding one month from the day following the date of the application elapses (referred to as the "period expiry date" hereinafter in this paragraph), designate as a scheduled start date for childcare leave for the worker, any day during the period from the changed scheduled start date for childcare leave in the application until the period expiry date (in cases where the day falls after the original scheduled start date for childcare leave (in cases where the employer designates the day pursuant to the provisions of paragraph (3) of the preceding Article, the day designated by the employer; the same applies hereinafter in this paragraph), the original scheduled start date for childcare leave in the application).

③A worker who has filed an application for childcare leave may change the scheduled end date for the childcare leave to the day which falls after the scheduled end date for the childcare leave only once in the application, by notifying the employer on or before the day specified by Order of the Ministry of Health, Labour and Welfare.

①A worker who has filed an application for childcare leave may withdraw the application on or before the day preceding the scheduled start date for childcare leave in the application (in cases where the employer designates the day pursuant to the provisions of Article 6, paragraph (3) or paragraph (2) of the preceding Article, the day designated by the employer; or in cases where the scheduled start date for childcare leave is changed pursuant to the provisions of paragraph (1) of the preceding Article, the changed scheduled start date for childcare leave; the same applies hereinafter).

②A worker who has withdrawn the application filed under the provisions of Article 5, paragraph (1) pursuant to the provisions of the preceding paragraph is deemed to have taken childcare leave based on the application with regard to application of the provisions of paragraph (2) of the same Article.

③A worker who has withdrawn an application for childcare leave under the provisions of Article 5, paragraph (3) or (4) pursuant to the provisions of paragraph (1) may not, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare, file an application again for childcare leave with regard to the child in the application under those provisions, notwithstanding the provisions of paragraphs (3), and (4) of the same Article.

④In the event that there are reasons specified by Order of the Ministry of Health, Labour and Welfare as to why the worker comes to cease childcare subject to the application for childcare leave, such as the death of the child, on or before the day preceding the scheduled start date for childcare leave after the application for childcare leave, the application for childcare leave is considered not to have been filed. In this case, the worker must notify the employer without delay to the effect that those reasons have occurred.

①The period for which a worker who has filed an application for childcare leave may take that childcare leave (hereinafter referred to as the "period of childcare leave") is between the scheduled start date for childcare leave and the scheduled end date for childcare leave (or, in cases where the scheduled end date for childcare leave is changed pursuant to the provisions of Article 7, paragraph (3), the changed scheduled end date for childcare leave; the same applies in the following paragraph).

②In cases where any of the circumstances listed in the following items occurs, the period of childcare leave ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iii) occurs, the preceding day), notwithstanding the provisions of the preceding paragraph:

③The provisions of the second sentence of paragraph (4) of the preceding Article apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph.

①A worker may take parental leave (meaning the childcare leave that is to be taken pursuant to the provisions of this Article through Article 9-5 by designating a period of not more than four weeks during the period between the date of birth of the child and the day following the date on which eight weeks elapse from the date of birth of the child (or, in cases where the child is born before the expected date of confinement, the period between the date of birth of the child and the day following the date on which eight weeks elapse from the expected date of confinement or, in cases where the child is born after the expected date of confinement, the period between the relevant expected date of confinement and the day following the date on which eight weeks elapse from the date of birth; the same applies in item (i) of the following paragraph); the same applies hereinafter) for the child that worker takes care of upon applying to their employer; provided, however, that a person employed for a fixed period of time may only file that application in cases where it is not clear that the term of that person's labor contract expires before the day on which six months elapse from the day following the day on which eight weeks elapse from the date of birth of the child that person takes care of (or, in cases where the relevant child is born before the expected date of confinement, the expected date of confinement).

②Notwithstanding the provisions of the preceding paragraph, a worker may not file an application under the provisions of the preceding paragraph with regard to the child that worker takes care of, in cases where the worker falls under either of the following items:

③The application under the provisions of paragraph (1) (hereinafter referred to as "application for parental leave") must be filed, with regard to a continued period for parental leave, by making clear the first day thereof (hereinafter referred to as the "scheduled start date for parental leave") and the last day thereof (hereinafter referred to as the "scheduled end date for parental leave") as prescribed by Order of the Ministry of Health, Labour and Welfare.

④The provisions of the proviso of paragraph (1) and paragraph (2) (excluding item (ii)) do not apply to cases where a person employed for a fixed period of time who takes parental leave having designated the last day of the labor contract period as the scheduled end date for parental leave (or, in cases where the relevant scheduled end date for parental leave is changed pursuant to the provisions of Article 7, paragraph (3) as applied mutatis mutandis pursuant to the provisions of Article 9-4, the changed scheduled end date for parental leave) files an application for parental leave, due to the renewal of the labor contract, in which the first day of the renewed labor contract period is the scheduled start date for parental leave.

①Employers may not, when an application for parental leave is filed by a worker, refuse the application for parental leave; provided, however, that this does not apply to cases where a new application for parental leave is filed by a worker with regard to a child that worker has already been taking care of on the day on which the application for parental leave had been filed by that worker after the application for parental leave is filed by that worker with regard to a child that worker takes care of.

②The provisions of Article 6, the proviso of paragraph (1) and paragraph (2) apply mutatis mutandis to cases where a worker files an application for parental leave. In this case, the term "the proviso of the preceding paragraph" in the same paragraph is deemed to be replaced with "Article 9-3, the proviso of paragraph (1) and the proviso of the preceding paragraph as applied mutatis mutandis pursuant to Article 9-3, paragraph (2)," and the term "paragraphs (1), (3) and (4) of the preceding Article" in the same paragraph is deemed to be replaced with "Article 9-2, paragraph (1)."

③An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application for parental leave, when the scheduled start date for parental leave in the application falls before the day on which two weeks elapse from the day following the date of the relevant application (referred to as "two weeks expiry date" hereinafter in this paragraph), designate as the scheduled start date for parental leave any day during the period between the scheduled start date for parental leave and the two weeks expiry date (or, in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in Article 6, paragraph (3) before the day of the application for parental leave, a day which falls before the two weeks expiry date and which is specified by Order of the Ministry of Health, Labour and Welfare).

④In regard to the application of the provisions under the preceding paragraph in cases where the following matters are set forth in a written agreement between the employer and a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or, when there is no labor union organized by the majority of workers at the place of business where the worker is employed, a person who represents the majority of workers, the term "the day on which two weeks elapse (referred to as "two week expiry date" hereinafter in this paragraph) in the same paragraph refers to "the day on which the period set forth in item (ii) of the following paragraph elapse," and "the two week expiry date" in the same paragraph refers to "the day on which the period set forth in the same item elapsed."

⑤The provisions of the proviso of paragraph (1) and the preceding three paragraphs do not apply to cases where a worker files an application for parental leave prescribed in paragraph (4) of the preceding Article.

The provisions of Article 7, and Article 8, paragraphs (1), (2) and (4) apply mutatis mutandis to applications for parental leave, and the scheduled start date for parental leave and scheduled end date for parental leave. In this case, the term "(paragraph (3) of the preceding Article" in Article 7, paragraph (1) is deemed to be replaced with "(Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article)"; the term "one month" in paragraph (2) of the same Article is deemed to be replaced with "two weeks"; the term "paragraph (3) of the preceding Article" in paragraph (2) of the same Article is deemed to be replaced with "paragraph (3) of Article 9-3 (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article)"; the term "Article 6, paragraph (3) or paragraph (2) of the preceding Article" in Article 8, paragraph (1) is deemed to be replaced with "Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article) or paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to Article 9-4"; the term "paragraph (1) of the same Article" in Article 8, paragraph (1) is deemed to be replaced with "paragraph (1) of the preceding Article as applied mutatis mutandis pursuant to Article 9-4"; and the term "paragraph (2) of the same Article" in Article 8, paragraph (2) is deemed to be replaced with "Article 9-2, paragraph (2)."

①The period for which a worker who has filed an application for parental leave may take that parental leave (hereinafter referred to as the "period of parental leave") is between the scheduled start date for parental leave (or, in cases where an employer designates any day pursuant to the provisions of Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article) or Article 7, paragraph (2) as applied mutatis mutandis in the preceding Article, the day designated by that employer or, in cases where the scheduled start date for parental leave is changed pursuant to the provisions of Article 7, paragraph (1) as applied mutatis mutandis in the preceding Article, the changed scheduled start date for parental leave; the same applies hereinafter in this Article) and the scheduled end date for parental leave (or, in cases where the scheduled end date for parental leave is changed pursuant to the provisions of Article 7, paragraph (3) as applied mutatis mutandis in the preceding Article, the changed scheduled end date for parental leave; the same applied in paragraph (6)).

②A worker who has filed an application for parental leave (limited to the person falling under the worker who is set forth as a person who is permitted to work during the period of parental leave under a written agreement between the employer and a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or, when there is no labor union organized by the majority of workers at the place of business where the worker is employed, persons who represent the majority of workers) may apply to that worker's employer for dates on which the worker can work during the period of parental leave in the application or other matters specified by Order of the Ministry of Health, Labour and Welfare (referred to as "days available for work or other matters" hereinafter in this Article) for any period before the day preceding the scheduled start date for parental leave in the application.

③A worker who has filed an application pursuant to the provisions of the preceding paragraph may change the days available for work or other matters in the application or withdraw the application upon applying to their employer, on or before the day preceding the scheduled start date for parental leave in the application.

④In cases where a worker has filed an application pursuant to the provisions of paragraph (2) (including the application for change pursuant to the provisions of the preceding paragraph), the employer may propose the time and date within the scope of the days available for work or other matters in the application (or, in cases where the days available for work or other matters are changed pursuant to the provisions of the preceding paragraph, the changed days available for work or other matters) and permit that worker to work on that time and date within the scope as prescribed by Order of the Ministry of Health, Labour and Welfare, only with the consent of that worker on or prior to the day preceding the scheduled start date for parental leave in the application pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑤The worker who has given the consent referred to in the preceding paragraph may withdraw a part of or the entire consent; provided, however, that this applies only in cases where there are special circumstances specified by Order of the Minister of Health, Labour and Welfare on and after the scheduled start date for parental leave in the application pursuant to the provisions of paragraph (2).

⑥In cases where any of the circumstances listed in the following items occurs, the period of parental leave ends, notwithstanding the provision of paragraph (1), on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iv) occurs, the previous day):

⑦The provisions of the second sentence of Article 8, paragraph (4) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare referred to in item (i) of the preceding paragraph.

①With regard to application of the provisions of Chapters II through V, Article 24, paragraph (1) and Chapter XII in cases where the spouse of a worker is taking childcare leave for taking care of the worker's child on any day before the date on which that child reaches one year of age, the term "less than one year of age" in Article 5, paragraph (1) is to be replaced with "less than one year of age (or less than one year and two months of age in cases where childcare leave is taken pursuant to the provisions of this paragraph as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1))"; the term "date on which the child reaches one year of age" in the proviso of Article 5, paragraph (3) is to be replaced with "date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, that scheduled end date for childcare leave)"; the term "or the worker's spouse... the date on which the child reaches one year of age" in Article 5, paragraph (3), item (i) is to be replaced with "...takes childcare leave on the date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave), or the worker's spouse ...the date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker's spouse pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the relevant scheduled end date for childcare leave)"; the term "date on which the child reaches one year of age" in item (iii) of the same paragraph is to be replaced with "date on which the child reaches one year of age (or, in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker taking care of the child pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave)"; the term "date on which the child reaches one year of age" in Article 5, paragraph (6), item (i) is to be replaced with "date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker taking care of the child pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave (or either of the scheduled end date for childcare leave for the worker or the scheduled end date for childcare leave for the spouse if the two dates are different))"; the same applies in the paragraph (3) of the following Article); the term "the changed scheduled end date for childcare leave; ... the following paragraph" in Article 9, paragraph (1) is to be replaced with "the changed scheduled end date for childcare leave; the same applies in the following paragraph (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) (or, in cases where the scheduled end date for childcare leave falls after the period of days elapses from the scheduled start date for childcare leave, which are obtained by subtracting from the number of days for which childcare leave may be taken (the number of days from the date of birth of the child subject to childcare leave to the date on which the child reaches one year of age) the number of days for the childcare leave taken (meaning the total number of days of the leave taken by the worker pursuant to the provisions of Article 65, paragraph (1) or (2) of the Labor Standards Act (Act No. 49 of 1947) and days of the childcare leave and the parental leave specified in paragraph (1) of the following Article taken by the worker for the child on and after the date of birth of the child), the day on which the period elapses; the following paragraph (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1))"; the term "Article 5, paragraph (3)" in Article 9, paragraph (2), item (ii) is to be replaced with "or one year and two months of age with regard to childcare leave for which an application was filed pursuant to the provisions of Article 5, paragraph (1) as applied by replacing terms pursuant to the provisions of paragraph (1) of Article 9-6, paragraph (3) of the same Article (including the cases where applied by replacing terms pursuant to the of Article 9-6, paragraph (1))";the term "paragraphs (4) of the same Article" in Article 9, paragraph (2), item (ii) is to be replaced with "Article 5, paragraph (4)"; the term "one year of age" in Article 24, paragraph (1), item (i) is to be replaced with "one year of age (or, in cases where that worker may file an application pursuant to the provisions of Article 5, paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1), one year and two months of age"; and any other necessary technical replacement of terms are specified by Order of the Ministry of Health, Labour and Welfare.

②The provisions of the preceding paragraph does not apply to cases where the scheduled start date for childcare leave under an application filed pursuant to the provisions of Article 5, paragraph (1) in cases where an application in the preceding paragraph falls after the day following the date the child subject to childcare leave child reaches one year of age or before the first day of the period of childcare leave taken by the spouse of the worker in the case referred to in the preceding paragraph.

With regard to the application of the provisions of Article 5, paragraphs (3), (4), and (6) as well as the preceding Article, a request made, or childcare leave taken based on that request, by the spouse of a worker pursuant to the provisions of Article 3, paragraph (2) of the Act on Childcare Leave of Diet Officers (Act No. 108 of 1991), Article 3, paragraph (2) of the Act on Childcare Leave of National Government Employees (Act No. 109 of 1991) (including as applied mutatis mutandis pursuant to the provisions of Article 27, paragraph (1) of the same Act and the Act on Temporary Measures concerning Court Officers (Act No. 299 of 1951) (limited to the part pertaining to item (vii))), Article 2, paragraph (2) of the Act on Childcare Leave of Local Government Employees (Act No. 110 of 1991), or Article 2, paragraph (2) of the Act on Childcare Leave of Judges (Act No. 111 of 1991), is considered to be a filed application, or childcare leave taken based on the application, pursuant to the provisions of Article 5, paragraph (1), (3) or (4), respectively.

An employer must not dismiss or otherwise treat a worker disadvantageously due to the worker having filed an application for childcare leave (meaning the application for childcare leave and the application for parental leave; the same applies hereinafter) or having taken childcare leave, or not having filed the application pursuant to the provisions of Article 9-5, paragraph (2) or not having given the consent referred to in paragraph (4) of the same Article, or such other causes related to the provisions of paragraphs (2) through (5) of the same Article as specified by Order of the Ministry of Health, Labour and Welfare.

①A worker may take caregiver leave upon applying to their employer; provided, however, that a worker employed for a fixed period of time may only file that application in cases where it is not clear that the term of the person's labor contract expires before the day on which six months elapse from the day on which ninety-three days elapse from the scheduled start date for caregiver leave prescribed in paragraph (3).

②Notwithstanding the provisions of the preceding paragraph, a worker who has taken caregiver leave may not file an application under the provisions of the preceding paragraph with regard to an applicable family member for whom the worker has already taken caregiver leave in cases where the relevant applicable family member falls under any of the following items:

③An application pursuant to the provisions of paragraph (1) (hereinafter referred to as "application for caregiver leave") must be filed by making clear that the applicable family member in the application for caregiver leave is requiring caregiving and, with regard to a continued period for caregiver leave pertaining to the applicable family member, and the first day thereof (hereinafter referred to as "scheduled start date for caregiver leave") and last day thereof (hereinafter referred to as "scheduled end date for caregiver leave") as prescribed by Order of the Ministry of Health, Labour and Welfare.

④The provisions of the proviso of paragraph (1) and paragraph (2) (excluding item (ii)) do not apply to cases where a person employed for a fixed period of time who takes caregiver leave having designated the last day of the person's labor contract period as the scheduled end date for caregiver leave (or, in cases where the caregiver leave scheduled end date is changed pursuant to the provisions of Article 7, paragraph (3), as applied mutatis mutandis pursuant to Article 13, the changed scheduled end date for caregiver leave) files an application for caregiver leave, due to the renewal of the labor contract, in which the first day of the renewed labor contract period is the scheduled start date for caregiver leave.

①Employers may not, when an application for caregiver leave is filed by a worker, refuse the application for caregiver leave.

②The provisions of the proviso of Article 6, paragraph (1) and the provisions of paragraph (2) of the same Article apply mutatis mutandis to cases where a worker files an application for caregiver leave. In this case, the term "the proviso of the preceding paragraph" in the same paragraph is deemed to be replaced with "the proviso of the preceding paragraph, as applied mutatis mutandis pursuant to Article 12, paragraph (2)," and the term "paragraphs (1), (3) and (4) of the preceding Article" in the same paragraph is deemed to be replaced with "Article 11, paragraph (1)."

③An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application for caregiver leave, when the scheduled start date for the caregiver leave in the application falls before the day on which two weeks from the day following the date of the application elapse (referred to as "two week expiry date" hereinafter in this paragraph), designate as the scheduled start date for the caregiver leave any day during the period from the scheduled start date for the caregiver leave until the two week expiry date.

④The provisions of the preceding two paragraphs do not apply to cases where a worker files an application for caregiver leave prescribed in paragraph (4) of the preceding Article.

The provisions of Article 7, paragraph (3) apply mutatis mutandis to an application for a change of the scheduled end date for caregiver leave.

①A worker who has filed an application for caregiver leave may withdraw the application on or before the day preceding the scheduled start date for the caregiver leave in the application (in cases where an employer designates the day pursuant to the provisions of Article 12, paragraph (3), the day designated by the employer; the same applies in Article 8, paragraph (4), as applied mutatis mutandis pursuant to paragraph (3) of this Article and paragraph (1) of the following Article).

②In cases where an application for the caregiver leave is withdrawn pursuant to the provisions of the preceding paragraph, and the first application for caregiver leave filed after the withdrawal with regard to the applicable family member subject to the withdrawal is withdrawn, an employer may refuse a subsequent application for caregiver leave with regard to the applicable family member, notwithstanding the provisions of Article 12, paragraph (1).

③The provisions of Article 8, paragraph (4) apply mutatis mutandis to an application for caregiver leave. In this case, the terms "child" and "childcare" in the same paragraph are deemed to be replaced respectively with "applicable family member" and "caregiving."

①A period for which a worker who has filed an application for caregiver leave may take caregiver leave (hereinafter referred to as a "period of caregiver leave") is to be between the scheduled start date for caregiver leave and the scheduled end date for caregiver leave in the application (or, when the scheduled end date falls after the period of days elapses from the scheduled start date for caregiver leave, which are obtained by subtracting from 93 days the number of days for caregiver leave taken for the applicable family member in the application for caregiver leave filed by the worker, the day on which the period elapses; the same applies in paragraph (3) of this Article).

②In this Article, the scheduled end date for caregiver leave, in cases where the scheduled end date for caregiver leave is changed pursuant to the provisions of Article 7, paragraph (3), as applied mutatis mutandis pursuant to the provisions of Article 13, means the changed scheduled end date for caregiver leave.

③In cases where any of the circumstances listed in the following items occurs, the period of caregiver leave ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (ii) occurs, the preceding day), notwithstanding the provisions of paragraph (1):

④The provisions of the second sentence of Article 8, paragraph (4) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph

An employer must not dismiss or otherwise treat a worker disadvantageously due to the worker having filed an application for caregiver leave or having taken caregiver leave.

①A worker who takes care of a child in the period until the first March 31 after the day on which the child reaches nine years of age (hereinafter in this paragraph referred to as a "child who has not completed the third grade of elementary school") may, by filing an application with the employer, obtain leave (hereinafter referred to as "short-term leave for sick/injured childcare, etc.") up to a limit of five working days in one fiscal year (or ten working days if the worker takes care of two or more children who have not completed the third grade of elementary school), in order to take care of that child who has not completed the third grade of elementary school and has been injured or has fallen ill, to take care of that child who has not completed the third grade of elementary school in a way specified by Order of the Ministry of Health, Labour and Welfare as necessary for the prevention of illness, or to take care of that child who has not completed the third grade of elementary school because of a closure of the school pursuant to the provisions of Article 20 of the School Health and Safety Act (Act No. 56 of 1958) or other grounds specified by Order of the Ministry of Health, Labour and Welfare as being equivalent thereto, or to participate in an event concerning the education or childcare of that child who has not completed the third grade of elementary school that is specified by Order of the Ministry of Health, Labour and Welfare.

②Short-term leave for sick/injured childcare, etc. may be obtained in units of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare by persons other than those prescribed by Order of the Ministry of Health, Labour and Welfare as employees whose scheduled working hours per day are short.

③An application pursuant to the provisions of paragraph (1) must be filed by making clear the days to be obtained as short-term leave for sick/injured childcare, etc. (in the case of taking short-term leave in a unit of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare according to the preceding paragraph, the time and date of starting and ending the short-term leave for sick/injured childcare, etc.), as prescribed by Order of the Ministry of Health, Labour and Welfare.

④A fiscal year, as referred to in paragraph (1), refers to a period that begins on April 1 and ends on March 31 of the following year unless otherwise provided for by the employer.

①Employers may not, when an application pursuant to the provisions of paragraph (1) of the preceding Article is filed by a worker, refuse the application.

②The provisions of the proviso to Article 6, paragraph (1) (limited to the part pertaining to item (ii)) and the provisions of paragraph (2) of the same Article apply mutatis mutandis to cases where a worker files an application pursuant to the provisions of paragraph (1) of the preceding Article. In this case, the term "a person specified ... " in that item is deemed to be replaced with "a person specified ... or, in light of the nature of the work or the work system, a worker who is engaged in work for which it is considered difficult to take short-term leave for sick/injured childcare, etc. in a unit of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare pursuant to Article 16-2, paragraph (2) (limited to a person who intends to take short-term leave in a unit of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare pursuant to the provisions of the same paragraph) "; the term "the proviso of the preceding paragraph" in Article 6, paragraph (2) is deemed to be replaced with "the proviso of the preceding paragraph, as applied mutatis mutandis pursuant to Article 16-3, paragraph (2)"; and the term "paragraphs (1), (3) and (4) of the preceding Article" in paragraph (2) of the same Article is deemed to be replaced with "Article 16-2, paragraph (1)."

The provisions of Article 16 apply mutatis mutandis to applications and short-term leave for sick/injured childcare, etc. pursuant to the provisions of Article 16-2, paragraph (1).

①A worker who looks after a applicable family member requiring caregiving as specified by Order of the Ministry of Health, Labour and Welfare, including caregiver, may obtain short-term leave to look after the applicable family member (hereinafter referred to as "short-term leave for caregiver") upon application to the worker's employer, with limits of up to five working days per fiscal year (or ten working days in cases where the worker has two or more applicable family members requiring caregiving).

②Short-term leave for caregiver may be obtained in a unit of less than one day as prescribed in Order of the Ministry of Health, Labour and Welfare by persons other than those prescribed in the Order of the Ministry of Health, Labour and Welfare as employees whose scheduled working hours per day are short.

③An application pursuant to the provisions of paragraph (1) must be filed by making clear that the applicable family member subject to the application is requiring caregiving and the days required as short-term leave for caregiver (in the case of taking short-term leave in a unit of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare according to the preceding paragraph, the time and date of starting and ending the short-term leave for caregiver), as prescribed by Order of the Ministry of Health, Labour and Welfare.

④A fiscal year as referred to in paragraph (1) refers to a period that begins on April 1 and ends on March 31 of the following year unless otherwise provided for by the employer.

①Employers may not, when an application pursuant to the provisions of paragraph (1) of the preceding Article is filed by a worker, refuse the application.

②The provisions of the proviso to Article 6, paragraph (1) (limited to the part pertaining to item (ii)) and the provisions of paragraph (2) of the same Article apply mutatis mutandis to cases where a worker files an application pursuant to the provisions of paragraph (1) of the preceding Article. In this case, the term "a person specified ... " in that item is deemed to be replaced with "a person specified ... or, in light of the nature of the work or the work system, a worker who is engaged in work for which it is considered difficult to take short-term leave for caregiver in a unit of less than one day as prescribed in the Order of the Ministry of Health, Labour and Welfare pursuant to Article 16-5, paragraph (2) (limited to a person who intends to take short-term leave in a unit of less than one day as prescribed in the Order of the Ministry of Health, Labour and Welfare pursuant to the provisions of the same paragraph) "; the term "the proviso of the preceding paragraph" in Article 6, paragraph (2) is deemed to be replaced with "the proviso of the preceding paragraph, as applied mutatis mutandis pursuant to Article 16-6, paragraph (2)"; and the term "paragraphs (1), (3) and (4) of the preceding Article" in paragraph (2) of the same Article is deemed to be replaced with "Article 16-5, paragraph (1)."

The provisions of Article 16 apply mutatis mutandis to applications and short-term leave for caregiver pursuant to the provisions of Article 16-5, paragraph (1).

①Employers must not have a worker who is taking care of a child before starting elementary school work in excess of scheduled working hours upon the worker's request to take care of the child, unless the worker falls under either of the following categories, specified as one who may not make the request pursuant to the main clause of this paragraph under a written agreement between the employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of the workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed; provided, however, that this does not apply to cases where the request would impede normal business operations:

②A request pursuant to the provisions of the preceding paragraph must be made, as prescribed by Order of the Ministry of Health, Labour and Welfare, with regard to a continued period where an employer must not make the worker work in excess of the scheduled working hours (limited to a period from one month to one year; referred to as the "limited period" in paragraph (4)), by making clear the first day thereof (referred to as "scheduled start date of the limited period" hereinafter in this Article) and last day thereof (referred to as "scheduled end date of the limited period" in paragraph (4)) on or before the day one month prior to the scheduled start date of the limited period. In this case, the limited period prescribed in the first sentence of this paragraph must not overlap with the limited period prescribed in the first sentence of Article 17, paragraph (2) (including as applied mutatis mutandis pursuant to the provisions of Article 18, paragraph (1)).

③In the event that reasons specified by Order of the Ministry of Health, Labour and Welfare occur as to why the worker comes to cease childcare subject to the request, such as the death of the child, on or before the day preceding the scheduled start date for the limited period after the request was made pursuant to the provisions of paragraph (1), the request is deemed to have not been made. In this case, the worker must notify the employer without delay to the effect that those reasons have occurred.

④In cases where any of the circumstances listed in the following items occurs, the limited period ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iii) occurs, the preceding day):

⑤The provisions of the second sentence of paragraph (3) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph.

①The provisions of paragraphs (1) through (3) (excluding item (ii)) of the preceding Article apply mutatis mutandis to a worker who takes care of an applicable family member requiring caregiving. In this case, the term "take care of the child" in paragraph (1) of the same Article is deemed to be replaced with "provide caregiving for the applicable family member", and the terms "child" and "childcare" in paragraph (3) and paragraph (4) item (i) of the same Article are deemed to be replaced respectively with "applicable family member" and "caregiving."

②The provisions of the second sentence of paragraph (3) of the preceding Article apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (4), item (i) of the same Article, as applied mutatis mutandis pursuant to the preceding paragraph.

Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker makes a request pursuant to the provisions of Article 16-8, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of paragraph (1) of the preceding Article; the same applies hereinafter in this Article) or does not work in excess of scheduled working hours, in cases where the employer is not to have the worker making the request work in excess of the scheduled working hours pursuant to the provisions of Article 16-8, paragraph (1).

①An employer must not, in cases where the employer may extend a worker's working hours as prescribed in paragraph (1) of Article 36 of the Labour Standards Act pursuant to the provisions of that paragraph (referred to as "working hours" hereinafter in this Article), extend working hours beyond the limit on overtime (24 hours per month and 150 hours per year, the same applies in the following paragraph and Article 18-2) when a worker who is taking care of a child prior to starting elementary school and who does not fall under any of the following items makes a request in order to take care of the child; provided, however, that this does not apply to cases where the request would impede normal business operations:

②A request pursuant to the provisions of the preceding paragraph must be made, as prescribed by Order of the Ministry of Health, Labour and Welfare, with regard to a continued period where an employer must not extend working hours beyond the limit on overtime (limited to a period from one month to one year; referred to in paragraph (4) as "limited period"), by making clear the first day thereof (referred to as "scheduled start date of the limited period" hereinafter in this Article) and last day thereof (referred to in paragraph (4) as "scheduled end date of the limited period") on or before the day one month prior to the scheduled start date of the limited period. In this case, the limited period prescribed in the first sentence of this paragraph must not overlap with the limited period prescribed in the first sentence of Article 16-8, paragraph (2) (including as applied mutatis mutandis pursuant to the provisions of Article 16-9, paragraph (1)).

③In the event that there are reasons specified by Order of the Ministry of Health, Labour and Welfare as to why the worker comes to cease childcare subject to the request, such as the death of the child, on or before the day preceding the scheduled start date of the limited period after the request was made pursuant to the provisions of paragraph (1), the request is deemed to have not been made. In this case, the worker must notify the employer without delay to the effect that those reasons have occurred.

④In cases where any of the circumstances listed in the following items occurs, the limited period ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iii) occurs, the preceding day):

⑤The provisions of the second sentence of paragraph (3) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph.

①The provisions of paragraphs (1), (2), (3), and (4) (excluding item (ii)) of the preceding Article apply mutatis mutandis to a worker who takes care of an applicable family member requiring caregiving. In this case, the term "take care of the child" in paragraph (1) of the same Article is deemed to be replaced with "provide caregiving for the applicable family member", and the terms "child" and "childcare" in paragraph (3) and paragraph (4), item (i) of the same Article are deemed to be replaced respectively with "applicable family member" and "caregiving".

②The provisions of the second sentence of paragraph (3) of the preceding Article apply mutatis mutandis to the cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (4), item (i) of the same Article, as applied mutatis mutandis pursuant to the preceding paragraph.

Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker makes a request pursuant to the provisions of Article 17, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of paragraph (1) of the preceding Article; the same applies hereinafter in this Article) or does not work beyond the limit on overtime in cases where the employer must not extend the working hours of the worker making the request beyond the limit on overtime pursuant to the provisions of Article 17, paragraph (1).

①Employers must not, in cases where a worker who is taking care of a child before starting elementary school and who does not fall under any of the following items makes a request in order to take care of the child, make the worker work in hours between 10 p.m. and 5 a.m. (referred to as "late-night" hereinafter in this Article and Article 20-2); provided, however, that this does not apply to cases where the request would impede normal business operations:

②A request pursuant to the provisions of the preceding paragraph must be made, as prescribed by Order of the Ministry of Health, Labour and Welfare, with regard to a continued period where an employer must not make a worker work late-night (limited to a period between one month to six months; referred to in paragraph (4) as "limited period"), by making clear the first day thereof (referred to as the "scheduled start date of the limited period" hereinafter in this Article) and last day thereof (referred to as "scheduled end date of the limited period" in paragraph (4)) on or before the day one month prior to the scheduled start date of the limited period.

③In the event that there are reasons specified by Order of the Ministry of Health, Labour and Welfare as to why the worker comes to cease childcare subject to the request, such as the death of the child, on or before the day preceding the scheduled start date of the limited period after the request was made pursuant to the provisions of paragraph (1), the request is deemed as having not been made. In this case, the worker must notify the employer without delay to the effect that those reasons have occurred.

④In cases where any of the circumstances listed in the following items occurs, the limited period ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iii) occurs, the preceding day):

⑤The provisions of the second sentence of paragraph (3) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph.

①The provisions of paragraphs (1) through (3) and paragraph (4) (excluding item (ii)) of the preceding Article apply mutatis mutandis to a worker who takes care of an applicable family member requiring caregiving. In this case, the term "take care of the child" in Article 19, paragraph (1) is deemed to be replaced with "provide caregiving for the applicable family member"; the terms "child" and "take care" in item (ii) of the same paragraph are to be replaced respectively with "applicable family member" and "caregiving"; and the terms "child" and "childcare" in paragraph (3) and paragraph (4), item (i) of the same Article are deemed to be replaced respectively with "applicable family member" and "caregiving."

②The provisions of the second sentence of paragraph (3) of the preceding Article apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (4), item (i) of the same Article, as applied mutatis mutandis pursuant to the preceding paragraph.

Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker makes a request pursuant to the provisions of Article 19, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of paragraph (1) of the preceding Article; the same applies hereinafter in this Article) or does not work late-night in cases where the employer may not have the worker work late at night, pursuant to the provisions of Article 19, paragraph (1).

①In the event that a worker files a report to their employer on the pregnancy or childbirth of that worker herself or that worker's spouse or any other fact specified by Order of the Ministry of Health, Labour and Welfare as being equivalent thereto, the employer must inform that worker of the childcare leave systems and other matters specified by Order of the Ministry of Health, Labour and Welfare, as prescribed by Order of Ministry of Health, Labour and Welfare, and conduct interviews with that worker or take other measures specified by Order of the Ministry of Health, Labour and Welfare to confirm the intention of that worker in the application for childcare leave.

②In taking the measures set forth in the preceding paragraph, employers must, as prescribed by Order of the Ministry of Health, Labour and Welfare, confirm the intention of the worker regarding conditions of employment specified by Order of the Ministry of Health, Labour and Welfare as conducive to improving circumstances, arising or expected to arise on or after the date of birth of the child pertaining to the report under the provisions of the same paragraph due to the physical or mental condition of the child or the family circumstances relating to childcare of the worker who filed the report, that constitute an impediment to the worker's balance between working life and family life.

③In determining the conditions of employment for a worker whose intention has been confirmed pursuant to the provisions of the preceding paragraph, employers must give consideration to that intention.

④When a worker reports to the employer that an applicable family member has come to require caregiving by the worker, the employer must, as prescribed by Order of the Ministry of Health, Labour and Welfare, inform the worker of the system for caregiver leave, systems or measures specified by Order of the Ministry of Health, Labour and Welfare as conducive to balancing work and caregiving (hereinafter referred to as "systems, etc. for balancing work and caregiving" in this Article and Article 22, paragraph (4)), and other particulars specified by Order of the Ministry of Health, Labour and Welfare, and must conduct interviews or take other measures specified by Order of the Ministry of Health, Labour and Welfare in order to confirm the intention of the worker regarding an application for caregiver leave and an application relating to the use of systems, etc. for balancing work and caregiving (referred to as "application for systems, etc. for balancing work and caregiving" in the same paragraph).

⑤When a worker reaches the beginning of a period specified by Order of the Ministry of Health, Labour and Welfare as appropriate and effective for informing the worker of the system for caregiver leave, systems, etc. for balancing work and caregiving, and other particulars specified by Order of the Ministry of Health, Labour and Welfare, in order to deepen the worker's understanding of and interest in the utilization of the system for caregiver leave and systems, etc. for balancing work and caregiving, such as the fiscal year containing the day on which the worker reaches 40 years of age, the employer must, as prescribed by Order of the Ministry of Health, Labour and Welfare, inform the worker of those particulars within that period.

⑥Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker has filed an application under the provisions of paragraph (1) or (4), or because of the content of an intention confirmed under the provisions of paragraph (2).

①Beyond what is provided for in paragraph (1), paragraph (4) and paragraph (5) of the preceding Article, employers must, with regard to childcare leave and caregiver leave, endeavor to specify the following particulars in advance and take measures to make them known to workers (including informing any worker who becomes pregnant or whose spouse becomes pregnant, or who gives birth or whose spouse gives birth, or who takes care of an applicable family member, at the time of learning about that fact):

②As prescribed by Order of the Ministry of Health, Labour and Welfare, employers must, in cases where a worker files an application for childcare leave or an application for caregiver leave, endeavor to clearly notify the worker of the treatment for that worker concerning the particulars listed in all items of the preceding paragraph.

①An employer must, for the purpose of smooth implementation of application for childcare leave, take any of the following measures:

②Employers must take one of the measures set forth in the following items in order to ensure that applications for caregiver leave are made smoothly.

③Beyond what is provided for in the preceding two paragraphs, employers must, for the purpose of smooth implementation of applications for childcare leave, applications for caregiver leave, and smooth return to work in following the childcare leave and caregiver leave, endeavor to take necessary measures with regard to the assignment of workers and other employment management at a place of business where workers who take childcare leave or caregiver leave are employed, and the development and improvement of the vocational ability of workers who are taking childcare leave or caregiver leave.

④Employers must take one of the measures set forth in the following items in order to ensure that applications for systems, etc. for balancing work and caregiving are made smoothly.

An employer with over 300 continuously employed workers must publicly announce information that is specified by Order of the Ministry of Health, Labour and Welfare as on the status of childcare leave taken by workers employed by that employer at least once a year, as prescribed by Order of the Ministry of Health, Labour and Welfare.

①Employers must, with regard to an employed worker who takes care of a child under three years of age, but who does not take childcare leave (excluding workers specified by Order of the Ministry of Health, Labour and Welfare as workers whose scheduled working hours per day are short), take measures to shorten scheduled working hours that make it easier for the worker to take care of the child while continuing working (referred to as "measures to shorten prescribed working hours for childcare" hereinafter in this Article and Article 23-3, paragraph (1), item (iii)), upon application from the worker, as prescribed by Order of the Ministry of Health, Labour and Welfare; provided, however, that this does not apply to workers who fall under any of the following items and who are set forth as persons for whom measures to shorten prescribed working hours for childcare are not taken under a written agreement between the employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of the workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed:

②Employers must, if they decide not to take measures to shorten prescribed working hours for childcare with regard to an employed worker set forth in item (iii) of the same paragraph who takes care of a child under three years of age pursuant to the provisions of the proviso of the preceding paragraph, take measures equivalent to the system of childcare leave for the worker, or one of the measures set forth in the following items, upon application from the worker, as prescribed by Order of the Ministry of Health, Labour and Welfare.

③Employers must, with regard to an employee who take care of applicable family member requiring caregiving but has not taken caregiver leave, take measures to shorten prescribed working hours for the period of at least three consecutive years or other measures to make it easier for the worker to take care of the applicable family member requiring caregiving while continuing working (referred to as "measures to shorten prescribed working hours for caregivers" in this Article and Article 24, paragraph (3)), upon application from the worker, as prescribed by Order of the Ministry of Health, Labour and Welfare; provided, however, that this does not apply to workers who fall under any of the following items and who are set forth as persons for whom measures to shorten prescribed working hours for caregivers are not taken under a written agreement between the employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of these workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed.

④The period referred to in the main clause of the preceding paragraph starts from the day requested by the worker as the day for starting the use of the measures to shorten prescribed working hours for caregivers.

Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker files an application pursuant to the provisions of the preceding Article or that measures are taken for the worker pursuant to the provisions of the same Article.

①Employers must, with regard to an employed worker who takes care of a child from three years of age until starting elementary school, take two or more of the measures set forth in the following items, based on an application from the worker, as prescribed by Order of the Ministry of Health, Labour and Welfare.

②When the employer takes the measure set forth in item (iv) of the preceding paragraph pursuant to the provisions of the preceding paragraph, the leave prescribed in that item may be obtained in units of less than one day as prescribed by Order of the Ministry of Health, Labour and Welfare by persons other than those prescribed by Order of the Ministry of Health, Labour and Welfare as employees whose scheduled working hours per day are short.

③The provisions of paragraph (1) (limited, with regard to a worker set forth in item (iii), to the part pertaining to item (iv) of the same paragraph; the same applies hereinafter in this paragraph) do not apply to a worker who falls under any of the following items and who is set forth as a person for whom the measures pursuant to the provisions of paragraph (1) are not taken, under a written agreement between the employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of the workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed.

④When an employer intends to take the measures pursuant to the provisions of paragraph (1), the employer must hear in advance the opinion of a labor union organized by a majority of workers at that place of business, if any, or, when there is no labor union organized by a majority of workers, the opinion of a person who represents the majority of the workers.

⑤Employers must, as prescribed by Order of the Ministry of Health, Labour and Welfare, inform a worker who takes care of a child under three years of age of the measures taken by the employer pursuant to the provisions of paragraph (1) (hereinafter referred to as "applicable measures" in this paragraph and paragraph (7)) and other particulars specified by Order of the Ministry of Health, Labour and Welfare, within a period specified by Order of the Ministry of Health, Labour and Welfare as appropriate for the worker to determine which of the applicable measures to select, and must conduct interviews or take other measures specified by Order of the Ministry of Health, Labour and Welfare in order to confirm the intention of the worker regarding an application relating to the applicable measures.

⑥The provisions of Article 21, paragraph (2) and paragraph (3) apply mutatis mutandis to cases where the measures specified by Order of the Ministry of Health, Labour and Welfare under the preceding paragraph are taken. In this case, the term "an application under the provisions of the same paragraph" in paragraph (2) of the same Article is deemed to be replaced with "the applicable measures prescribed in Article 23-3, paragraph (5)"; the term "who filed that report" is deemed to be replaced with "who is subject to the applicable measures"; and the term "arising on or after the date of birth of the child" is deemed to be replaced with "arising".

⑦Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker has filed an application relating to the applicable measures, that measures have been taken for the worker pursuant to the provisions of paragraph (1), or because of the content of an intention confirmed pursuant to the provisions of Article 21, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph.

①Employers must, with regard to an employed worker who takes care of a child before starting elementary school, endeavor to take measures to grant short-term leave which the worker can use for purposes related to childcare based on an application from the worker (other than short-term leave for sick/injured childcare, etc., short-term leave for caregiver, the leave prescribed in Article 23-3, paragraph (1), item (iv), and leave which is granted as annual paid leave pursuant to the provisions of Article 39 of the Labor Standards Act, including short-term leave which allows a worker to prepare for childcare after childbirth) and take necessary measures respectively in accordance with the system or measures provided for in the following items in accordance with the category of the worker listed in those items:

②Beyond what is provided for in the preceding paragraph, employers must, with regard to an employed worker who takes care of a child under three years of age (excluding a worker prescribed in Article 23, paragraph (2)) and who does not take childcare leave, endeavor to take necessary measures in accordance with measures for working from home, etc.

③Employers must, with regard to an employed worker who takes care of a family member, endeavor to take necessary measures in accordance with the system of caregiver leave or short-term leave for caregiver or measures to shorten prescribed working hours for caregivers by giving taking into consideration the period, the frequency for care.

④Beyond what is provided for in the preceding paragraph, employers must, with regard to an employed worker who takes care of an applicable family member requiring caregiving and who does not take caregiver leave, endeavor to take measures to make it easier for the worker to take care of the applicable family member requiring caregiving while continuing working, by having the worker engage in working from home, etc. based on an application from the worker.

①Employers must, with regard to conduct at the workplace toward an employed worker concerning the use of childcare leave, caregiver leave, or other systems or measures prescribed by Order of the Ministry of Health, Labour and Welfare on childcare and caregiving for family members, provide counseling services to the worker, improve the system necessary for appropriately handling the matters, and take necessary employment management measures so that the employee does not suffer any disadvantage in their working conditions.

②Employers must not dismiss or otherwise treat workers disadvantageously on the grounds that the worker has sought the counseling services referred to in the preceding paragraph or has told the truth when cooperating with the employer in providing the counseling service.

①The national government must endeavor to take measures, such as publicity and educational activities, to deepen the interest and understanding of employers and the general public with respect to prohibited conduct as prescribed in paragraph (1) of the preceding Article that is harmful to the working environment and other issues attributable to that conduct (referred to as "issues with childcare leave-related conduct" hereinafter in this Article).

②Employers must endeavor to deepen the interest and understanding of workers with respect to issues with childcare leave-related conduct, give necessary consideration, such as providing training programs, to ensure that those workers pay necessary attention to their conduct towards other workers, and cooperate with the measures taken by the national government referred to in the preceding paragraph.

③Employers (or officers of corporations) must endeavor to deepen their interest and understanding of issues with childcare leave-related conduct and pay necessary attention to their conduct towards workers.

④Workers must endeavor to deepen their interest and understanding of issues with childcare leave-related conduct, pay necessary attention to other workers, and cooperate with the measures to be taken by their employers referred to in paragraph (1) of the preceding Article.

Employers must take into consideration the circumstances surrounding childcare and caregiving for family members in making a change to the assignment of an employed worker which results in a change in their workplace, if such a change would make it difficult for the worker to engage in childcare and caregiving for family members while continuing to work.

Employers must, with regard to a person who resigned due to pregnancy, childbirth, childcare, or family care (hereinafter referred to as a "former employee who resigned due to childcare"), endeavor, as necessary, to implement special measures to promote re-employment (measures in which the relevant employer, in the recruitment and hiring of a worker, gives special consideration to former employee who resigned due to childcare, and who notified the employer, in resigning, of their intention of being re-employed when they are able to work again; the same applies in Article 30) and other measures equivalent to the ones above.

The Minister of Health, Labour and Welfare is to, with regard to measures to be taken by employers pursuant to the provisions of Articles 21 through 25, Article 26 and the preceding Article and other measures to be taken by employers to help balance working and family life for workers who engage or will engage in childcare and caregiving for family members, specify and make public the particulars required for the guidelines in order to promote appropriate and effective implementation of the measures.

Employers must, as prescribed by Order of the Ministry of Health, Labour and Welfare, endeavor to appoint a person who takes charge of appropriate and effective implementation of the measures set forth in Article 21, paragraph (1), paragraph (2) and paragraph (3) of the same Article (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (6)), Article 21, paragraph (4) and paragraph (5), Articles 21-2 through 22-2, Article 23, paragraphs (1) through (3), Article 23-3, paragraphs (1) through (5), Article 24, Article 25, paragraph (1), Article 25-2, paragraph (2), Article 26 and Article 27 and other measures for the work-life balance of workers who engage or will engage in childcare and caregiving for family members.

The national government may, for the purpose of continuing the employment of and promoting re-employment of workers who engage or will engage in childcare and caregiving for family members (hereinafter referred to as an "applicable worker") and former employee who resigned due to childcare (hereinafter referred to collectively as "applicable workers, etc."), and promoting the welfare of these persons, provide employers, employers' associations and other parties concerned with counseling services and advice with regard to managing employment, special measures for re-employment and other measures at a place of business where the applicable worker is employed, and with benefits and other necessary support.

①The national government is to provide applicable workers with necessary guidance, counseling services, training and other measures to contribute to the promotion of the work-life balance of workers, etc.

②Local governments must endeavor to take measures equivalent to those taken by the national government as set forth in the preceding paragraph.

The national government is to, for providing re-employment opportunities for former employee who resigned due to childcare, when they intend to work again, make considerations to assure vocational guidance, employment placement, redevelopment of vocational skills and other measures can be implemented in an effective and coordinated way and provide necessary support for the promotion of the smooth re-employment of former employee who resigned due to childcare.

The national government is to take necessary measures, including publicity activities, to increase the awareness of employers, workers, and the general public with regard to the work-life balance of applicable workers, etc., in order to eliminate workplace practices and other factors that prevent applicable workers, etc., from having a healthy work-life balance.

①Local governments must, as necessary, endeavor to establish family support centers for workers.

②Family support centers for workers are established for the purpose of implementing a comprehensive set of activities designed to promote the welfare of applicable workers, etc., such as the provision of counseling services, necessary guidance, training and lectures with regard to balancing working and family life for applicable workers, etc., and opportunities for rest and recreation.

③The Minister of Health, Labour and Welfare is to specify desirable standards required for the establishment and administration of family support centers for workers.

④The national government may provide local governments with necessary advice, guidance and other support with regard to the establishment and administration of family support centers for workers.

①Local governments must, in family support centers for workers, endeavor to appoint personnel who take charge of providing counseling services and guidance for applicable workers, etc., (referred to as an "advisor of family support centers for workers" in the following paragraph).

②Advisors of family support centers for workers are to be selected from among persons who have enthusiasm for and insight into their duties, and who have the qualifications specified by the Minister of Health, Labour and Welfare.

Employers must, upon receiving a complaint from a worker about any of the matters set forth in Chapters II through VIII, Article 21, Article 23 through Article 23-3, and Article 26, endeavor to resolve the complaint voluntarily by means such as referring the complaint to a complaint processing body (meaning a body for processing complaints from the workers of a place of business, composed of representatives of the employer and representatives of the workers of the place of business).

The provisions of Article 4, Article 5 and Articles 12 through 19 of the Act on Promoting the Resolution of Individual Labor-Related Disputes (Act No. 112 of 2001) do not apply to disputes between a worker and the worker's employer over the matters set forth in Article 25 and the matters referred to in the preceding Article; instead, the disputes are subject to the provisions of the following Article through Article 52-6.

①The Director-General of the Prefectural Labour Bureau may, if asked by both parties or either party to a dispute prescribed in the preceding Article for assistance in the resolution of the dispute, give necessary advice, guidance or recommendations to the parties to the dispute.

②The provisions of the Article 25, paragraph (2) apply mutatis mutandis to cases where the worker has asked for the assistance set forth in the preceding paragraph.

①In cases where both parties or either party to a dispute prescribed in Article 52-3 files an application for conciliation, the Director-General of the Prefectural Labour Bureau is to delegate conciliation to the Dispute Coordinating Committee set forth in Article 6, paragraph (1) of the Act on Promoting the Resolution of Individual Labor-Related Disputes if the director-general finds it necessary for resolution of the dispute.

②The provisions of paragraph (2) of Article 25 apply mutatis mutandis to the case where a worker files the application set forth in the preceding paragraph.

The provisions of Articles 19 through 26 of the Act on Equal Opportunity and Treatment between Men and Women in Employment (Act No. 113 of 1972) apply mutatis mutandis to the conciliation procedure referred to in paragraph (1) of the preceding Article. In this case, the term "paragraph (1) of the preceding Article" in Article 19, paragraph (1) of the same Act is deemed to be replaced with "Article 52-5, paragraph (1) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members"; the term "the workplace" in Article 20 thereof is deemed to be replaced with "the place of business"; and the term "Article 18, paragraph (1)" in Article 25, paragraph (1) thereof is deemed to be replaced with "Article 52-3 of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members."

①In cases where a small and medium sized enterprise who is a member of a certified association of small and medium sized enterprises intends to have the association recruit workers needed to handle business concerning persons who take childcare leave or caregiver leave (including leave equivalent to the leave above, the same applies hereinafter in this paragraph) during the period the persons take the childcare leave or caregiver leave, and then the association intends to engage in the recruitment, the provisions of Article 36, paragraphs (1) and (3) of the Employment Security Act (Act No. 141 of 1947) do not apply to the small and medium sized enterprise who is a member of the association.

②In this Article and the following Article, the meanings of the terms listed in the following items are as prescribed respectively in those items:

③If The Minister of Health, Labour and Welfare finds that a certified association of small and medium sized enterprises has ceased to be appropriate as an entity that provides counseling services and support referred to in item (ii) of the preceding paragraph, the Minister may rescind the certification referred to in the same item..

④The certified association of small and medium sized enterprises referred to in paragraph (1) must, in intending to engage in the recruitment, then as prescribed by Order of the Ministry of Health, Labour and Welfare, notify the Minister of Health, Labour and Welfare of the recruitment period, the number of workers to be recruited, the recruitment area, and other particulars with regard to the recruitment of workers and which are specified by Order of the Ministry of Health, Labour and Welfare.

⑤The provisions of Article 37, paragraph (2) of the Employment Security Act apply mutatis mutandis to the case where the notification pursuant to the provisions of the preceding paragraph is made; the provisions of paragraphs (1) and (4) of Article 5-3, Article 5-4, paragraphs (1) and (2), Article 5-5, Article 39, Article 41, paragraph (2), Article 42, Article 48-3, paragraph (1), Article 48-4, Article 50, paragraphs (1) and (2), and Article 51 of the same Act apply mutatis mutandis to a person that engages in recruitment of workers by making a notification pursuant to the provisions of the preceding paragraph; the provisions of Article 40 of the same Act apply mutatis mutandis to the payment of remuneration to a person that engages in recruitment of workers by making a notification pursuant to the provisions of the same paragraph; and the provisions of Article 50, paragraphs (3) and (4) of the same Act apply mutatis mutandis to the case where an administrative agency exercises official authority prescribed in paragraph (2) of the same Article, as applied mutatis mutandis pursuant to this paragraph. In this case, the term "a person that intends to carry out labor recruitment" in Article 37, paragraph (2) of the same Act is deemed to be replaced with "a person that intends to engage in recruitment of workers by making a notification referred to in Article 53, paragraph (4) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members," and the term "order to abolish recruitment business with regard to the workers, or period" in Article 41, paragraph (2) of the same Act is deemed to be replaced with "period."