Article 21Measures, etc. to Be Taken When a Report on Pregnancy or Childbirth, etc. is Filed, etc.
第二十一条(妊娠又は出産等についての申出があった場合等における措置等)
In the event that a worker files a report to their employer on the pregnancy or childbirth of that worker herself or that worker's spouse or any other fact specified by Order of the Ministry of Health, Labour and Welfare as being equivalent thereto, the employer must inform that worker of the childcare leave systems and other matters specified by Order of the Ministry of Health, Labour and Welfare, as prescribed by Order of Ministry of Health, Labour and Welfare, and conduct interviews with that worker or take other measures specified by Order of the Ministry of Health, Labour and Welfare to confirm the intention of that worker in the application for childcare leave.
In taking the measures set forth in the preceding paragraph, employers must, as prescribed by Order of the Ministry of Health, Labour and Welfare, confirm the intention of the worker regarding conditions of employment specified by Order of the Ministry of Health, Labour and Welfare as conducive to improving circumstances, arising or expected to arise on or after the date of birth of the child pertaining to the report under the provisions of the same paragraph due to the physical or mental condition of the child or the family circumstances relating to childcare of the worker who filed the report, that constitute an impediment to the worker's balance between working life and family life.
In determining the conditions of employment for a worker whose intention has been confirmed pursuant to the provisions of the preceding paragraph, employers must give consideration to that intention.
事業主は、前項の規定により意向を確認した労働者に係る就業に関する条件を定めるに当たっては、当該意向に配慮しなければならない。
When a worker reports to the employer that an applicable family member has come to require caregiving by the worker, the employer must, as prescribed by Order of the Ministry of Health, Labour and Welfare, inform the worker of the system for caregiver leave, systems or measures specified by Order of the Ministry of Health, Labour and Welfare as conducive to balancing work and caregiving (hereinafter referred to as "systems, etc. for balancing work and caregiving" in this Article and Article 22, paragraph (4)), and other particulars specified by Order of the Ministry of Health, Labour and Welfare, and must conduct interviews or take other measures specified by Order of the Ministry of Health, Labour and Welfare in order to confirm the intention of the worker regarding an application for caregiver leave and an application relating to the use of systems, etc. for balancing work and caregiving (referred to as "application for systems, etc. for balancing work and caregiving" in the same paragraph).
When a worker reaches the beginning of a period specified by Order of the Ministry of Health, Labour and Welfare as appropriate and effective for informing the worker of the system for caregiver leave, systems, etc. for balancing work and caregiving, and other particulars specified by Order of the Ministry of Health, Labour and Welfare, in order to deepen the worker's understanding of and interest in the utilization of the system for caregiver leave and systems, etc. for balancing work and caregiving, such as the fiscal year containing the day on which the worker reaches 40 years of age, the employer must, as prescribed by Order of the Ministry of Health, Labour and Welfare, inform the worker of those particulars within that period.
Employers must not dismiss or otherwise treat a worker disadvantageously on the grounds that the worker has filed an application under the provisions of paragraph (1) or (4), or because of the content of an intention confirmed under the provisions of paragraph (2).