Article 101-40Cases Specified by Order of the Ministry of Health, Labour and Welfare under Article 61-10, Paragraph (3), Item (ii) of the Act
第百一条の四十（法第六十一条の十第三項第二号の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 61-10, paragraph (3), item (ii) of the Act are cases, with respect to a child under one year of age whom the insured person is raising, falling under any of the following items:
法第六十一条の十第三項第二号の厚生労働省令で定める場合は、その養育する一歳に満たない子について、次の各号のいずれかに該当する場合とする。
where, because a maternity leave period has begun for an insured person who made the application under Article 101-34 (hereinafter referred to as an "application for post-birth leave" in this Chapter), 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 come to cease living with that insured person due to becoming an adopted child 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 an insured person who made an application for post-birth leave, 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 an insured person who made an application for post-birth leave, 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 come to cease living with that insured person due to becoming an adopted child 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 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。
where the spouse who is raising the child pertaining to the application for post-birth leave has died;
出生後休業の申出に係る子の養育を行つている配偶者が死亡した場合
where the spouse prescribed in the preceding item has come to be in a condition in which it is difficult to raise the child pertaining to the application for post-birth leave due to injury, disease, or physical or mental disability;
where, due to the dissolution of the marriage or other circumstances, the spouse prescribed in item (iv) has ceased to live with the child pertaining to the application for post-birth leave;
where the child pertaining to the application for post-birth leave has come to be in a condition requiring care for a period of two weeks or more due to injury, disease, or physical or mental disability;
出生後休業の申出に係る子が負傷、疾病又は身体上若しくは精神上の障害により、二週間以上の期間にわたり世話を必要とする状態になつた場合
where, with regard to the child pertaining to the application for post-birth leave, the person wishes to use childcare at a nursery center, etc. and has applied, but childcare is not for the time being provided;
出生後休業の申出に係る子について、保育所等における保育の利用を希望し、申込みを行つているが、当面その実施が行われない場合
where the insured person who made the application for post-birth leave is on the leave prescribed in Article 61-7, paragraph (1) of the Act on the day before the day of secondment and continues that leave on or after the day of secondment (limited to the case where the person continues to be an insured person on or after the day of secondment).
出生後休業の申出をした被保険者について出向をした日の前日において法第六十一条の七第一項に規定する休業をしている場合であつて、出向をした日以後も引き続き当該休業をするとき（出向をした日以後も引き続き被保険者であるときに限る。）
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)
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)
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)
application for post-birth leavemachine translation
「出生後休業の申出」
In the Chapter of this Ordinance on post-birth leave support benefits (出生後休業支援給付金), an insured person's application to their employer, under Article 101-34, for leave for which childcare leave benefits or parental leave benefits are paid.
Short name set inArticle 101-40, paragraph (1), item (i)· applies only in this chapter