Article 101-33Procedures for Application for Payment of Parental Leave Benefits

①An insured person who intends to receive payment of parental leave benefits must, during the period from the day following the day on which eight weeks have passed counting from the day of birth of the child pertaining to the payment of those parental leave benefits (where the child was born before the expected date of confinement, the expected date of confinement) (or, where leave prescribed in Article 61-8, paragraph (1) of the Act has been taken a second time for that child, the day on which that leave ended, and where, for each leave prescribed in that paragraph taken by that insured person for that child, the number of days obtained by aggregating the number of days from the day on which the leave began to the day on which it ended has reached 28 days, the day on which it reached that number) until the end of the month containing the day on which two months have passed counting from that day, submit to the Chief of the Public Employment Security Office having jurisdiction over the location of its place of business, via the employer, a written application stating the insured person's name, address or residence, insured person number and Individual Number, the date of birth of the child pertaining to the application for parental leave, the first day and last day of the leave pertaining to the application for parental leave, the number of days worked during that period of leave, the amount of wages paid in that period of leave, and other matters specified by the Director-General of the Employment Security Bureau (hereinafter referred to as the "childcare leave-related benefits qualification confirmation form and parental leave benefits / post-birth leave support benefits application" in this Article and Article 101-42), attaching a wage certification slip at the commencement of leave, etc., the maternal and child health handbook, a roster of workers, a wage ledger, and other documents capable of proving the existence of the child pertaining to the leave under Article 101-31, the fact that the insured person is employed, the plan for continued employment after the end of that leave (limited to persons employed for a fixed period), the status of payment of wages, and the amount of wages; provided, however, that where it is difficult, for an unavoidable reason, to submit that written application via the employer, it may be submitted without going via the employer.

②Notwithstanding the preceding paragraph, an insured person may, as provided by the Director-General of the Employment Security Bureau, omit attaching the documents prescribed in that paragraph.

③When the Chief of the Public Employment Security Office finds that an insured person who has submitted the childcare leave-related benefits qualification confirmation form and parental leave benefits / post-birth leave support benefits application pursuant to the provisions of paragraph (1) falls under Article 61-8, paragraph (1) of the Act, the Chief must notify that insured person to the effect that parental leave benefits are to be paid.

④A notification under paragraph (1) (limited to one submitted via the employer) is, where that employer is the employer of a place of business of a specified corporation, to be made by submitting the matters to be stated in the childcare leave-related benefits qualification confirmation form and parental leave benefits / post-birth leave support benefits application and in the documents prescribed in that paragraph, using an electronic data processing system, in lieu of submitting those documents; provided, however, that this does not apply where it is found difficult to use an electronic data processing system due to a breakdown of a telecommunications line, a disaster or other reason, and where it is found that the notification can be made without using an electronic data processing system.

⑤The provisions of paragraph (2) apply mutatis mutandis to the case of the preceding paragraph.

⑥An insured person who, before the first day of the period during which the person took the leave pertaining to the notification under Article 101-30, paragraph (1) (where the leave pertaining to that notification has been taken two or more times for the child pertaining to that notification, the first leave), had taken leave under Article 101-31 for the child pertaining to that notification must, before that notification, make the notification under paragraph (1) pertaining to that leave.

⑦An insured person who, before the first day of the period during which the person took the leave pertaining to the notification under paragraph (1) (where the leave pertaining to that notification has been taken a second time for the child pertaining to that notification, the first leave), had taken leave under Article 101-22 for the child pertaining to that notification must, before that notification, make the notification under Article 101-30, paragraph (1) pertaining to that leave.