Article 101-38Cases Specified by Order of the Ministry of Health, Labour and Welfare under Article 61-10, Paragraph (2), Item (iv) of the Act

一where the spouse is a person employed on a daily basis;

二where the spouse is a person employed for a fixed period, and it is clear that the labor contract will expire by the day on which six months have passed counting from the day following the day on which eight weeks have passed counting from the day of birth of the child the spouse is raising (where the child was born before the expected date of confinement, the expected date of confinement);

三where the spouse falls under a worker who is specified as unable to take childcare leave by a written agreement between the employer employing the spouse and a labor union organized by a majority of the workers at the place of business where the spouse is employed or, where there is no labor union organized by a majority of the workers at that place of business, a person representing a majority of those workers, and the employer employing the spouse has refused the spouse's childcare leave application or application for parental leave;

四other cases where the Chief of the Public Employment Security Office finds that there are unavoidable grounds for the person being unable to take leave to raise the child within the period up to the day following the day on which eight weeks have passed counting from the day of birth of the child.