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).
Read this with the articles around it
Measures, etc. to Be Taken When a Report on Pregnancy or Childbirth, etc. is Filed, etc.
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…
事業主は、労働者が当該事業主に対し、当該労働者又はその配偶者が妊娠し、又は出産したことその他これに準ずるものとして厚生労働省令で定める事実を申し出たときは、厚生労働省令で定めるところにより、当該労働者に対して、育児休業に関する制度その他の厚生労働省令で定める事項を知らせるとともに…
Open this provisionMeasures, etc. to Be Taken When a Report on Pregnancy or Childbirth, etc. is Filed, etc.
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…
事業主は、労働者が当該事業主に対し、当該労働者又はその配偶者が妊娠し、又は出産したことその他これに準ずるものとして厚生労働省令で定める事実を申し出たときは、厚生労働省令で定めるところにより、当該労働者に対して、育児休業に関する制度その他の厚生労働省令で定める事項を知らせるとともに…
Open this provisionMeasures, etc. to Be Taken When a Report on Pregnancy or Childbirth, etc. is Filed, etc.
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…
事業主は、前項の措置を講ずるに当たっては、厚生労働省令で定めるところにより、同項の規定による申出に係る子の心身の状況又は育児に関する当該申出をした労働者の家庭の状況に起因して当該子の出生の日以後に発生し…
Open this provisionMeasures, etc. to Be Taken When a Report on Pregnancy or Childbirth, etc. is Filed, etc.
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…
事業主は、労働者が当該事業主に対し、対象家族が当該労働者の介護を必要とする状況に至ったことを申し出たときは、厚生労働省令で定めるところにより、当該労働者に対して、介護休業に関する制度…
Open this provision(Measures for Improving the Employment Environment and Managing Employment)
Employers must take one of the measures set forth in the following items in order to ensure that applications for systems, etc. for balancing work and caregiving are made smoothly.
事業主は、介護両立支援制度等申出が円滑に行われるようにするため、次の各号のいずれかの措置を講じなければならない。
Open this provisionchildcare leavemachine translation
「育児休業」
Leave from work that a worker, other than one hired day by day, takes under Chapter II to raise their child — including a child they have asked the family court to adopt by special adoption (特別養子縁組) and a child placed with them as a prospective adoptive foster parent — as a rule until the child turns one, and in some cases up to two.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
caregiver leave
「介護休業」
Leave from work that a worker takes under Chapter III to care for an applicable family member (対象家族) in a condition requiring caregiving (要介護状態) — up to three times, and 93 days in total, for each family member (Article 11).
Defined inArticle 2, paragraph (1), item (ii)· applies throughout the law
applicable family member
「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 2, paragraph (1), item (iv)· applies throughout the law
application for childcare leave, etc.machine translation
「育児休業申出等」
An application for childcare leave (育児休業申出) or an application for parental leave (出生時育児休業申出).
Defined inArticle 10, paragraph (1)
application for caregiver leave
「介護休業申出」
A worker's application to the employer for caregiver leave (介護休業) under Article 11, paragraph 1, which must show that the family member is in a condition requiring caregiving (要介護状態) and give the first and last days of the leave.
Short name set inArticle 11, paragraph (3)
systems, etc. for balancing work and caregivingmachine translation
「介護両立支援制度等」
The systems or measures a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies as helping a worker balance work and caring for a family member, which an employer — or, for its staff, the head of an agency engaged in administrative execution (行政執行法人) — must tell a worker about, along with caregiver leave (介護休業), once the worker reports that a family member has come to need their care (Articles 21, paragraph 4 and 61, paragraph 20).
Short name set inArticle 21, paragraph (4)· applies only in this article and in Article 22, paragraph (4)
application for systems, etc. for balancing work and caregivingmachine translation
「介護両立支援制度等申出」
A worker's application to the employer to use any of the systems or measures for balancing work and caregiving (介護両立支援制度等), which an employer must help to be made smoothly by training, a consultation system or another measure (Articles 21, paragraph 4 and 22, paragraph 4).
Short name set inArticle 21, paragraph (4)· applies only in this provision and in Article 22, paragraph (4)