Article 101-25Cases Specified by Order of the Ministry of Health, Labour and Welfare under Article 61-7, Paragraph (1) of the Act as Cases Where Taking Leave for the Period after the Day on Which the Child Reaches One Year of Age Is Found to Be Particularly Necessary for Continuing Employment
第百一条の二十五(法第六十一条の七第一項のその子が一歳に達した日後の期間について休業することが雇用の継続のために特に必要と認められる場合として厚生労働省令で定める場合)
The cases specified by Order of the Ministry of Health, Labour and Welfare under Article 61-7, paragraph (1) of the Act as cases where taking leave for the period after the day on which the child reaches one year of age is found to be particularly necessary for continuing employment are as follows:
法第六十一条の七第一項のその子が一歳に達した日後の期間について休業することが雇用の継続のために特に必要と認められる場合として厚生労働省令で定める場合は次のとおりとする。
with regard to the child pertaining to the childcare leave application, the person wishes to use childcare at a nursery center prescribed in Article 39, paragraph (1) of the Child Welfare Act, a certified child center prescribed in Article 2, paragraph (6) of the Certified Child Centers Act, or a home-based childcare business, etc. prescribed in Article 24, paragraph (2) of the Child Welfare Act (hereinafter referred to as a "nursery center, etc." in this item and Article 101-29-2) and has applied, but childcare is not for the time being provided for the period after the day on which the child reaches one year of age (limited to the case where the Chief of the Public Employment Security Office finds that the person wishes to use childcare at a nursery center, etc. in order to return to the workplace promptly);
育児休業の申出に係る子について、児童福祉法第三十九条第一項に規定する保育所、認定こども園法第二条第六項に規定する認定こども園又は児童福祉法第二十四条第二項に規定する家庭的保育事業等(以下この号及び第百一条の二十九の二において「保育所等」という。)における保育の利用を希望し、申込みを行つているが、当該子が一歳に達する日後の期間について、当面その実施が行われない場合(速やかな職場復帰を図るために保育所等における保育の利用を希望しているものであると公共職業安定所長が認める場合に限る。)
where a spouse who is regularly raising the child pertaining to the childcare leave application and who was planning to regularly raise the child in the period after the day on which the child reaches one year of age falls under any of the following:
常態として育児休業の申出に係る子の養育を行つている配偶者であつて当該子が一歳に達する日後の期間について常態として当該子の養育を行う予定であつたものが次のいずれかに該当した場合
When the spouse has died;
死亡したとき。
When the spouse has become unable to raise the child pertaining to the childcare leave application due to injury, disease, or physical or mental disability;
負傷、疾病又は身体上若しくは精神上の障害により育児休業の申出に係る子を養育することが困難な状態になつたとき。
When the spouse has ceased to live with the child pertaining to the childcare leave application due to the dissolution of the marriage or other circumstances;
婚姻の解消その他の事情により配偶者が育児休業の申出に係る子と同居しないこととなつたとき。
When the spouse is scheduled to give birth within six weeks (14 weeks in the case of a multiple pregnancy) or eight weeks have not passed since childbirth;
六週間(多胎妊娠の場合にあつては、十四週間)以内に出産する予定であるか又は産後八週間を経過しないとき。
where, because a maternity leave period has begun for the insured person who made the childcare leave application, the period of leave pertaining to that application has ended, and by the day on which that maternity leave period ends (where a new childcare leave period for a child born during that maternity leave period has begun immediately after the end of that maternity leave period, the day on which that new childcare leave period ends), all of the children pertaining to that maternity leave period have come to fall under any of the following:
When the child has died;
死亡したとき。
When the child has ceased to live with that insured person due to having been adopted or other circumstances;
養子となつたことその他の事情により当該被保険者と同居しないこととなつたとき。
where, because a caregiver leave period has begun for the insured person who made the childcare leave application, the period of leave pertaining to that application has ended, and by the day on which that caregiver leave period ends, the applicable family member pertaining to the leave of that caregiver leave period has come to fall under any of the following:
When the applicable family member has died;
死亡したとき。
When the relationship as relatives between that applicable family member and the insured person has been extinguished by divorce, annulment of marriage, termination of adoption, etc.;
where, because a new childcare leave period has begun for the insured person who made the childcare leave application, the period of leave pertaining to that application has ended, and by the day on which that new childcare leave period ends, all of the children pertaining to the leave of that new childcare leave period have come to fall under any of the following:
When the child has died;
死亡したとき。
When the child has ceased to live with that insured person due to having been adopted or other circumstances;
養子となつたことその他の事情により当該被保険者と同居しないこととなつたとき。
When the domestic relations case pertaining to a request under Article 817-2, paragraph (1) of the Civil Code (Act No. 89 of 1896) has ended (excluding where an adjudication for the establishment of a special adoption has become final), or the measure under Article 27, paragraph (1), item (iii) of the Child Welfare Act has been cancelled without an adoption having been established.
民法(明治二十九年法律第八十九号)第八百十七条の二第一項の規定による請求に係る家事審判事件が終了したとき(特別養子縁組の成立の審判が確定した場合を除く。)又は養子縁組が成立しないまま児童福祉法第二十七条第一項第三号の規定による措置が解除されたとき。
Read this with the articles around it
insured personmachine translation
「被保険者」
Everywhere in this Order except Article 118-2, paragraph (12), item (i)(c) and Article 17-2-7 of the supplementary provisions (附則), an insured person as Article 4, paragraph (1) of the Employment Insurance Act defines it: a worker employed in a covered undertaking (適用事業), other than the persons listed in Article 6 of that Act.
Short name set inArticle 3, paragraph (1)· applies from here on, except in Supplementary Provisions, Article 17-2-7; and Article 118-2, paragraph (12), item (i), (c)
Certified Child Centers Actmachine translation
「認定こども園法」
Short name for the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (Act No. 77 of 2006).
Short name set inArticle 4, paragraph (1), item (iii)
applicable family membermachine translation
「対象家族」
A worker's spouse (including a partner in a marriage not registered but lived as one), parents and children — with people a Ministry of Health, Labour and Welfare Order (厚生労働省令) treats as equivalent to them — and the spouse's parents.
Defined inArticle 14-4, paragraph (1)· applies from here on, except in Articles 36 and 116
maternity leave periodmachine translation
「産前産後休業期間」
A period of leave from work before or after childbirth under Article 65, paragraph (1) or (2) of the Labor Standards Act.
Short name set inArticle 101-16, paragraph (1), item (iii), (b)
childcare leave applicationmachine translation
「育児休業の申出」
In Chapter III-2, an insured person's request to the employer for leave to raise a child, which must state the first and last days of one period of leave.
Short name set inArticle 101-22, paragraph (1), item (ii)· applies only in this chapter
caregiver leave periodmachine translation
「介護休業期間」
In this Ordinance, a period of the leave of Article 61-4, paragraph (1) of the Employment Insurance Act — the caregiver leave (介護休業) for which nursing care leave benefits (介護休業給付金) are paid.
Short name set inArticle 101-22, paragraph (1), item (iii), (c)
new childcare leave periodmachine translation
「新たな育児休業期間」
A period of leave to raise another child under one year old, other than the child for whom the current childcare leave (育児休業) was applied for.
Short name set inArticle 101-22, paragraph (1), item (iii), (c)
nursery center, etc.machine translation
「保育所等」
In Article 101-25, paragraph (1), item (i) and Article 101-29-2, a nursery center (保育所) under Article 39, paragraph (1) of the Child Welfare Act, a certified center for early childhood education and care (認定こども園) under Article 2, paragraph (6) of the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children, or a home-based childcare business or the like (家庭的保育事業等) under Article 24, paragraph (2) of the Child Welfare Act.
Short name set inArticle 101-25, paragraph (1), item (i)· applies only in this item and in Article 101-29-2