The nursing care leave benefits are paid for the payment unit period where an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Article) has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken absence from work in order to provide care for an applicable family member (meaning the insured person's spouse (including a person in a de facto marital relationship with the insured person, where the marriage has not been registered; hereinafter the same applies in this paragraph), parents and children (including those specified by Order of the Ministry of Health, Labour and Welfare as persons equivalent to them), and the spouse's parents; hereinafter the same applies in this Article) (hereinafter referred to as "caregiver leave"), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times in order to provide care for the applicable family member, the first caregiver leave; hereinafter the same applies in this paragraph) was commenced (for an insured person who was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare during the two-year period preceding the day on which the caregiver leave was commenced, two years added to the number of days for which payment of wages could not be received due to the reason (when that total period exceeds four years; four years)).
介護休業給付金は、被保険者（短期雇用特例被保険者及び日雇労働被保険者を除く。以下この条において同じ。）が、厚生労働省令で定めるところにより、対象家族（当該被保険者の配偶者（婚姻の届出をしていないが、事実上婚姻関係と同様の事情にある者を含む。以下この項において同じ。）、父母及び子（これらの者に準ずる者として厚生労働省令で定めるものを含む。）並びに配偶者の父母をいう。以下この条において同じ。）を介護するための休業（以下「介護休業」という。）をした場合において、当該介護休業（当該対象家族を介護するための二回以上の介護休業をした場合にあつては、初回の介護休業とする。以下この項において同じ。）を開始した日前二年間（当該介護休業を開始した日前二年間に疾病、負傷その他厚生労働省令で定める理由により引き続き三十日以上賃金の支払を受けることができなかつた被保険者については、当該理由により賃金の支払を受けることができなかつた日数を二年に加算した期間（その期間が四年を超えるときは、四年間））に、みなし被保険者期間が通算して十二箇月以上であつたときに、支給単位期間について支給する。
The "period deemed to be the insured period" referred to in the preceding paragraph is to be the period equivalent to the insured period that would be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) are applied by deeming the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times for the same applicable family member, the first caregiver leave) was commenced to be the day on which the person ceased to be an insured person.
The "payment unit period" in this Article means a single period when the period of caregiver leave taken (limited to the period until the day on which three months have elapsed since the day on which the caregiver leave was commenced) has been classified into each period from the day on which the caregiver leave was commenced or the day corresponding to that day in each month within the period of the caregiver leave (for a month which does not have a day corresponding to that day, the last day of the month, hereinafter referred to as the "corresponding absence commencement day" in this paragraph and item (ii) of the following paragraph) until the day before the corresponding absence commencement day in each successive month (for the month containing the day on which the caregiver leave was ended, the day on which the caregiver leave ended), in accordance with the classification.
The amount of the nursing care leave benefits for a single payment unit period is an amount equivalent to 40 percent of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person qualified to receive payment of the nursing care leave benefits as a qualified recipient and the day before the day on which the insured person commenced the caregiver leave pertaining to payment of the nursing care leave benefits as the day of separation from service pertaining to the recipient qualification (referred to as the "daily amount of wages at the commencement of absence" in the following paragraph), by the duration of benefits prescribed in the following items in accordance with the classification of payment unit periods listed in the same items (referred to as the "duration of benefits" in the following paragraph). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)"; the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (b)":
介護休業給付金の額は、一支給単位期間について、介護休業給付金の支給を受けることができる被保険者を受給資格者と、当該被保険者が当該介護休業給付金の支給に係る介護休業を開始した日の前日を受給資格に係る離職の日とみなして第十七条の規定を適用した場合に算定されることとなる賃金日額に相当する額（次項において「休業開始時賃金日額」という。）に次の各号に掲げる支給単位期間の区分に応じて当該各号に定める日数（次項において「支給日数」という。）を乗じて得た額の百分の四十に相当する額とする。この場合における同条の規定の適用については、同条第一項中「第一項ただし書」とあるのは「第一項ただし書及び第二項第三号」と、同条第四項中「第二号に掲げる額」とあるのは「第二号ロに定める額」とする。
payment unit periods other than the payment unit period listed in the following item:30 days; and
the payment unit period containing the day on which the caregiver leave was ended:the number of days from the day on which the caregiver leave was commenced or the corresponding absence commencement day until the day on which the caregiver leave was ended during the payment unit period.
Notwithstanding the provisions of the preceding paragraph, when wages have been paid during the payment unit period to the insured person who has taken caregiver leave by the employer who employs the insured person, when the amount obtained by adding the amount of the nursing care leave benefits for the payment unit period to the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the amount obtained by deducting the amount of wages from the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits is the amount of the nursing care leave benefits for the payment unit period. In this case, when the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, notwithstanding the provisions of paragraph (1), the nursing care leave benefits are not paid for the payment unit period for which the wages were paid.
前項の規定にかかわらず、介護休業をした被保険者に当該被保険者を雇用している事業主から支給単位期間に賃金が支払われた場合において、当該賃金の額に当該支給単位期間における介護休業給付金の額を加えて得た額が休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額以上であるときは、休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額から当該賃金の額を減じて得た額を、当該支給単位期間における介護休業給付金の額とする。この場合において、当該賃金の額が休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額以上であるときは、第一項の規定にかかわらず、当該賃金が支払われた支給単位期間については、介護休業給付金は、支給しない。
Notwithstanding the provisions of paragraph (1), if an insured person has received payment of the nursing care leave benefits with regard to caregiver leave, pursuant to the provisions of this Subsection, and when the insured person has taken caregiver leave that falls under any of the following items, the nursing care leave benefits are not paid:
where the insured person has taken caregiver leave four or more times for the same applicable family member, the fourth and any subsequent caregiver leave; or
caregiver leave taken after the day on which the number of days obtained by totaling, for each caregiver leave taken by the insured person for the same applicable family member, the number of days from the day on which the caregiver leave was commenced to the day on which the caregiver leave ended has reached 93 days.