①A worker may take childcare leave (excluding the parental leave prescribed in Article 9-2, paragraph (1); the same applies in this Article through Article (9) upon applying to their employer if the child that worker takes care of is less than one year of age; provided, however, that a person employed for a fixed period of time may only file that application in cases where it is not clear that the term of that person's labor contract (or, if the labor contract has been renewed, the renewed labor contract; the same applies in paragraph (3), Article 9-2, paragraph (1), and Article 11, paragraph (1)) expires before the date on which the child that worker takes care of reaches one year and six months of age.

②Notwithstanding the provisions of the preceding paragraph, a worker who has taken childcare leave (excluding childcare leave to be taken based on the application for childcare leave set forth in paragraph (7)) twice within the period before the date on which the child that worker takes care of reaches one year of age (hereinafter referred to as "date on which the child reaches one year of age") (excluding the period during which the worker does not take care of that child) may not file the application under the provisions of the preceding paragraph with regard to that child, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare.

③A worker may take childcare leave upon applying to their employer if the child that worker takes care of is between one year and one year and six months of age, only when that worker falls under both of the following items (or, in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare, when that worker falls under item (ii)); provided, however, that a worker employed for a fixed term (excluding a worker who takes childcare leave on the date on which the child reaches one year of age and files an application in which the day following that day is deemed as the scheduled start date for childcare leave set forth in paragraph (6)) may only file that application, in cases where it is not clear that their labor contract expires before the date on which the child reaches one year and six months of age.

④A worker may take childcare leave upon applying to their employer if the child that worker takes care of is between one year and six months and two years of age, only when that worker falls under both of the following items (or, in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare referred to in the preceding paragraph, if that worker falls under item (ii)).

⑤The provisions of the proviso of paragraph (1) apply mutatis mutandis to the application pursuant to the provisions of the preceding paragraph. In this case, the term "one year and six months" in the proviso of paragraph (1) is deemed to be replaced with "two years."

⑥An application under the provisions of paragraphs (1), (3), and (4) (hereinafter referred to as an "application for childcare leave") must be filed, with regard to a continued period for childcare leave, by making the first day thereof clear (hereinafter referred to as the "scheduled start date for childcare leave") and the last day thereof (hereinafter referred to as the "scheduled end date for childcare leave") as prescribed by Order of the Ministry of Health, Labour and Welfare. In this case, applications set forth in the following items must be filed by deeming the day prescribed respectively in those items as the scheduled start date for childcare leave, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare referred to in paragraph (3).

⑦The provisions of the proviso of paragraph (1), paragraph (2), paragraph (3) (excluding items (i) and (ii)), paragraph (4) (excluding items (i) and (ii)), paragraph (5), and the second sentence of the preceding paragraph do not apply to cases where a person employed for a fixed period of time who takes childcare leave, having designated the last day of the labor contract period as the scheduled end date for childcare leave (or, in cases where the relevant scheduled end date for childcare leave is changed pursuant to the provisions of Article 7, paragraph (3), the changed scheduled end date for childcare leave) files an application for that childcare leave, due to the renewal of the labor contract, in which the first day of the renewed labor contract period is the scheduled start date for childcare leave.

①Employers may not, when an application for childcare leave is filed by a worker, refuse the application for childcare leave; provided, however, that this does not apply to cases where an application for childcare leave is filed by a worker who falls under any of the following items and who is set forth as a person who may not take childcare leave under a written agreement between their employer and either a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or between the employer and a person who represents the majority of workers when there is no labor union organized by the majority of workers at the place of business where the worker is employed:

②In the case referred to in the proviso of the preceding paragraph, a worker whose application for childcare leave has been refused by an employer may not take childcare leave, notwithstanding the provisions of paragraphs (1), (3), and (4) of the preceding Article.

③An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application for childcare leave, when the scheduled start date for childcare leave in the application falls before the date on which one month (or two weeks when an application is filed pursuant to the provisions of paragraph (3) of the preceding Article (limited to the date of the application occurring on or prior to the date on which a child in the application reaches one year of age) or when an application is filed pursuant to the provisions of paragraph (4) of the preceding Article (limited to the date of the application occurring on or prior to the date on which a child in the application reaches one year and six months of age) from the day following the date of the relevant application for childcare leave) elapses (referred to as "one month expiry date" hereinafter in this paragraph), designate as the scheduled start date for childcare leave any day during the period between the scheduled start date for childcare leave and the one month expiry date (or a day which falls before the one month expiry date and which is specified by Order of the Ministry of Health, Labour and Welfare in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare, such as the birth of a child before the expected date, before the day of the application for childcare leave).

④The provisions of the proviso of paragraph (1) and the preceding paragraph do not apply to cases where a worker files an application for childcare leave prescribed in paragraph (7) of the preceding Article.

①A worker who has filed an application for childcare leave pursuant to the provisions of Article 5, paragraph (1) may, in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (3) of the preceding Article on or before the day preceding the scheduled start date for childcare leave in the application (in cases where the employer designates the day pursuant to the provisions of paragraph (3) of the preceding Article, the day designated by the employer; the same applies hereinafter in this paragraph), change the scheduled start date for childcare leave only once in the application to a day before the scheduled start date for childcare leave, by notifying the employer.

②An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application pursuant to the provisions of the preceding paragraph, when the changed scheduled start date for childcare leave in the application falls before the day on which the period specified by Order of the Ministry of Health, Labour and Welfare within a period not exceeding one month from the day following the date of the application elapses (referred to as the "period expiry date" hereinafter in this paragraph), designate as a scheduled start date for childcare leave for the worker, any day during the period from the changed scheduled start date for childcare leave in the application until the period expiry date (in cases where the day falls after the original scheduled start date for childcare leave (in cases where the employer designates the day pursuant to the provisions of paragraph (3) of the preceding Article, the day designated by the employer; the same applies hereinafter in this paragraph), the original scheduled start date for childcare leave in the application).

③A worker who has filed an application for childcare leave may change the scheduled end date for the childcare leave to the day which falls after the scheduled end date for the childcare leave only once in the application, by notifying the employer on or before the day specified by Order of the Ministry of Health, Labour and Welfare.

①A worker who has filed an application for childcare leave may withdraw the application on or before the day preceding the scheduled start date for childcare leave in the application (in cases where the employer designates the day pursuant to the provisions of Article 6, paragraph (3) or paragraph (2) of the preceding Article, the day designated by the employer; or in cases where the scheduled start date for childcare leave is changed pursuant to the provisions of paragraph (1) of the preceding Article, the changed scheduled start date for childcare leave; the same applies hereinafter).

②A worker who has withdrawn the application filed under the provisions of Article 5, paragraph (1) pursuant to the provisions of the preceding paragraph is deemed to have taken childcare leave based on the application with regard to application of the provisions of paragraph (2) of the same Article.

③A worker who has withdrawn an application for childcare leave under the provisions of Article 5, paragraph (3) or (4) pursuant to the provisions of paragraph (1) may not, except in cases where there are special circumstances specified by Order of the Ministry of Health, Labour and Welfare, file an application again for childcare leave with regard to the child in the application under those provisions, notwithstanding the provisions of paragraphs (3), and (4) of the same Article.

④In the event that there are reasons specified by Order of the Ministry of Health, Labour and Welfare as to why the worker comes to cease childcare subject to the application for childcare leave, such as the death of the child, on or before the day preceding the scheduled start date for childcare leave after the application for childcare leave, the application for childcare leave is considered not to have been filed. In this case, the worker must notify the employer without delay to the effect that those reasons have occurred.

①The period for which a worker who has filed an application for childcare leave may take that childcare leave (hereinafter referred to as the "period of childcare leave") is between the scheduled start date for childcare leave and the scheduled end date for childcare leave (or, in cases where the scheduled end date for childcare leave is changed pursuant to the provisions of Article 7, paragraph (3), the changed scheduled end date for childcare leave; the same applies in the following paragraph).

②In cases where any of the circumstances listed in the following items occurs, the period of childcare leave ends on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iii) occurs, the preceding day), notwithstanding the provisions of the preceding paragraph:

③The provisions of the second sentence of paragraph (4) of the preceding Article apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in item (i) of the preceding paragraph.

①A worker may take parental leave (meaning the childcare leave that is to be taken pursuant to the provisions of this Article through Article 9-5 by designating a period of not more than four weeks during the period between the date of birth of the child and the day following the date on which eight weeks elapse from the date of birth of the child (or, in cases where the child is born before the expected date of confinement, the period between the date of birth of the child and the day following the date on which eight weeks elapse from the expected date of confinement or, in cases where the child is born after the expected date of confinement, the period between the relevant expected date of confinement and the day following the date on which eight weeks elapse from the date of birth; the same applies in item (i) of the following paragraph); the same applies hereinafter) for the child that worker takes care of upon applying to their employer; provided, however, that a person employed for a fixed period of time may only file that application in cases where it is not clear that the term of that person's labor contract expires before the day on which six months elapse from the day following the day on which eight weeks elapse from the date of birth of the child that person takes care of (or, in cases where the relevant child is born before the expected date of confinement, the expected date of confinement).

②Notwithstanding the provisions of the preceding paragraph, a worker may not file an application under the provisions of the preceding paragraph with regard to the child that worker takes care of, in cases where the worker falls under either of the following items:

③The application under the provisions of paragraph (1) (hereinafter referred to as "application for parental leave") must be filed, with regard to a continued period for parental leave, by making clear the first day thereof (hereinafter referred to as the "scheduled start date for parental leave") and the last day thereof (hereinafter referred to as the "scheduled end date for parental leave") as prescribed by Order of the Ministry of Health, Labour and Welfare.

④The provisions of the proviso of paragraph (1) and paragraph (2) (excluding item (ii)) do not apply to cases where a person employed for a fixed period of time who takes parental leave having designated the last day of the labor contract period as the scheduled end date for parental leave (or, in cases where the relevant scheduled end date for parental leave is changed pursuant to the provisions of Article 7, paragraph (3) as applied mutatis mutandis pursuant to the provisions of Article 9-4, the changed scheduled end date for parental leave) files an application for parental leave, due to the renewal of the labor contract, in which the first day of the renewed labor contract period is the scheduled start date for parental leave.

①Employers may not, when an application for parental leave is filed by a worker, refuse the application for parental leave; provided, however, that this does not apply to cases where a new application for parental leave is filed by a worker with regard to a child that worker has already been taking care of on the day on which the application for parental leave had been filed by that worker after the application for parental leave is filed by that worker with regard to a child that worker takes care of.

②The provisions of Article 6, the proviso of paragraph (1) and paragraph (2) apply mutatis mutandis to cases where a worker files an application for parental leave. In this case, the term "the proviso of the preceding paragraph" in the same paragraph is deemed to be replaced with "Article 9-3, the proviso of paragraph (1) and the proviso of the preceding paragraph as applied mutatis mutandis pursuant to Article 9-3, paragraph (2)," and the term "paragraphs (1), (3) and (4) of the preceding Article" in the same paragraph is deemed to be replaced with "Article 9-2, paragraph (1)."

③An employer may, as prescribed by Order of the Ministry of Health, Labour and Welfare, in cases where a worker files an application for parental leave, when the scheduled start date for parental leave in the application falls before the day on which two weeks elapse from the day following the date of the relevant application (referred to as "two weeks expiry date" hereinafter in this paragraph), designate as the scheduled start date for parental leave any day during the period between the scheduled start date for parental leave and the two weeks expiry date (or, in cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare provided for in Article 6, paragraph (3) before the day of the application for parental leave, a day which falls before the two weeks expiry date and which is specified by Order of the Ministry of Health, Labour and Welfare).

④In regard to the application of the provisions under the preceding paragraph in cases where the following matters are set forth in a written agreement between the employer and a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or, when there is no labor union organized by the majority of workers at the place of business where the worker is employed, a person who represents the majority of workers, the term "the day on which two weeks elapse (referred to as "two week expiry date" hereinafter in this paragraph) in the same paragraph refers to "the day on which the period set forth in item (ii) of the following paragraph elapse," and "the two week expiry date" in the same paragraph refers to "the day on which the period set forth in the same item elapsed."

⑤The provisions of the proviso of paragraph (1) and the preceding three paragraphs do not apply to cases where a worker files an application for parental leave prescribed in paragraph (4) of the preceding Article.

The provisions of Article 7, and Article 8, paragraphs (1), (2) and (4) apply mutatis mutandis to applications for parental leave, and the scheduled start date for parental leave and scheduled end date for parental leave. In this case, the term "(paragraph (3) of the preceding Article" in Article 7, paragraph (1) is deemed to be replaced with "(Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article)"; the term "one month" in paragraph (2) of the same Article is deemed to be replaced with "two weeks"; the term "paragraph (3) of the preceding Article" in paragraph (2) of the same Article is deemed to be replaced with "paragraph (3) of Article 9-3 (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article)"; the term "Article 6, paragraph (3) or paragraph (2) of the preceding Article" in Article 8, paragraph (1) is deemed to be replaced with "Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article) or paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to Article 9-4"; the term "paragraph (1) of the same Article" in Article 8, paragraph (1) is deemed to be replaced with "paragraph (1) of the preceding Article as applied mutatis mutandis pursuant to Article 9-4"; and the term "paragraph (2) of the same Article" in Article 8, paragraph (2) is deemed to be replaced with "Article 9-2, paragraph (2)."

①The period for which a worker who has filed an application for parental leave may take that parental leave (hereinafter referred to as the "period of parental leave") is between the scheduled start date for parental leave (or, in cases where an employer designates any day pursuant to the provisions of Article 9-3, paragraph (3) (including the cases where applied by replacing terms pursuant to the provisions of paragraph (4) of the same Article) or Article 7, paragraph (2) as applied mutatis mutandis in the preceding Article, the day designated by that employer or, in cases where the scheduled start date for parental leave is changed pursuant to the provisions of Article 7, paragraph (1) as applied mutatis mutandis in the preceding Article, the changed scheduled start date for parental leave; the same applies hereinafter in this Article) and the scheduled end date for parental leave (or, in cases where the scheduled end date for parental leave is changed pursuant to the provisions of Article 7, paragraph (3) as applied mutatis mutandis in the preceding Article, the changed scheduled end date for parental leave; the same applied in paragraph (6)).

②A worker who has filed an application for parental leave (limited to the person falling under the worker who is set forth as a person who is permitted to work during the period of parental leave under a written agreement between the employer and a labor union, if any, organized by a majority of workers at the place of business where the worker is employed or, when there is no labor union organized by the majority of workers at the place of business where the worker is employed, persons who represent the majority of workers) may apply to that worker's employer for dates on which the worker can work during the period of parental leave in the application or other matters specified by Order of the Ministry of Health, Labour and Welfare (referred to as "days available for work or other matters" hereinafter in this Article) for any period before the day preceding the scheduled start date for parental leave in the application.

③A worker who has filed an application pursuant to the provisions of the preceding paragraph may change the days available for work or other matters in the application or withdraw the application upon applying to their employer, on or before the day preceding the scheduled start date for parental leave in the application.

④In cases where a worker has filed an application pursuant to the provisions of paragraph (2) (including the application for change pursuant to the provisions of the preceding paragraph), the employer may propose the time and date within the scope of the days available for work or other matters in the application (or, in cases where the days available for work or other matters are changed pursuant to the provisions of the preceding paragraph, the changed days available for work or other matters) and permit that worker to work on that time and date within the scope as prescribed by Order of the Ministry of Health, Labour and Welfare, only with the consent of that worker on or prior to the day preceding the scheduled start date for parental leave in the application pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑤The worker who has given the consent referred to in the preceding paragraph may withdraw a part of or the entire consent; provided, however, that this applies only in cases where there are special circumstances specified by Order of the Minister of Health, Labour and Welfare on and after the scheduled start date for parental leave in the application pursuant to the provisions of paragraph (2).

⑥In cases where any of the circumstances listed in the following items occurs, the period of parental leave ends, notwithstanding the provision of paragraph (1), on the day on which the relevant circumstance occurs (or, in cases where the circumstance set forth in item (iv) occurs, the previous day):

⑦The provisions of the second sentence of Article 8, paragraph (4) apply mutatis mutandis to cases where there are reasons specified by Order of the Ministry of Health, Labour and Welfare referred to in item (i) of the preceding paragraph.

①With regard to application of the provisions of Chapters II through V, Article 24, paragraph (1) and Chapter XII in cases where the spouse of a worker is taking childcare leave for taking care of the worker's child on any day before the date on which that child reaches one year of age, the term "less than one year of age" in Article 5, paragraph (1) is to be replaced with "less than one year of age (or less than one year and two months of age in cases where childcare leave is taken pursuant to the provisions of this paragraph as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1))"; the term "date on which the child reaches one year of age" in the proviso of Article 5, paragraph (3) is to be replaced with "date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, that scheduled end date for childcare leave)"; the term "or the worker's spouse... the date on which the child reaches one year of age" in Article 5, paragraph (3), item (i) is to be replaced with "...takes childcare leave on the date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave), or the worker's spouse ...the date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker's spouse pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the relevant scheduled end date for childcare leave)"; the term "date on which the child reaches one year of age" in item (iii) of the same paragraph is to be replaced with "date on which the child reaches one year of age (or, in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker taking care of the child pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave)"; the term "date on which the child reaches one year of age" in Article 5, paragraph (6), item (i) is to be replaced with "date on which the child reaches one year of age (in cases where the scheduled end date for childcare leave prescribed in Article 9, paragraph (1) (including the cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) regarding an application filed by the worker taking care of the child pursuant to the provisions of paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1) falls after the date on which the child reaches one year of age, the scheduled end date for childcare leave (or either of the scheduled end date for childcare leave for the worker or the scheduled end date for childcare leave for the spouse if the two dates are different))"; the same applies in the paragraph (3) of the following Article); the term "the changed scheduled end date for childcare leave; ... the following paragraph" in Article 9, paragraph (1) is to be replaced with "the changed scheduled end date for childcare leave; the same applies in the following paragraph (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1)) (or, in cases where the scheduled end date for childcare leave falls after the period of days elapses from the scheduled start date for childcare leave, which are obtained by subtracting from the number of days for which childcare leave may be taken (the number of days from the date of birth of the child subject to childcare leave to the date on which the child reaches one year of age) the number of days for the childcare leave taken (meaning the total number of days of the leave taken by the worker pursuant to the provisions of Article 65, paragraph (1) or (2) of the Labor Standards Act (Act No. 49 of 1947) and days of the childcare leave and the parental leave specified in paragraph (1) of the following Article taken by the worker for the child on and after the date of birth of the child), the day on which the period elapses; the following paragraph (including cases where applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1))"; the term "Article 5, paragraph (3)" in Article 9, paragraph (2), item (ii) is to be replaced with "or one year and two months of age with regard to childcare leave for which an application was filed pursuant to the provisions of Article 5, paragraph (1) as applied by replacing terms pursuant to the provisions of paragraph (1) of Article 9-6, paragraph (3) of the same Article (including the cases where applied by replacing terms pursuant to the of Article 9-6, paragraph (1))";the term "paragraphs (4) of the same Article" in Article 9, paragraph (2), item (ii) is to be replaced with "Article 5, paragraph (4)"; the term "one year of age" in Article 24, paragraph (1), item (i) is to be replaced with "one year of age (or, in cases where that worker may file an application pursuant to the provisions of Article 5, paragraph (1) as applied by replacing terms pursuant to the provisions of Article 9-6, paragraph (1), one year and two months of age"; and any other necessary technical replacement of terms are specified by Order of the Ministry of Health, Labour and Welfare.

②The provisions of the preceding paragraph does not apply to cases where the scheduled start date for childcare leave under an application filed pursuant to the provisions of Article 5, paragraph (1) in cases where an application in the preceding paragraph falls after the day following the date the child subject to childcare leave child reaches one year of age or before the first day of the period of childcare leave taken by the spouse of the worker in the case referred to in the preceding paragraph.

With regard to the application of the provisions of Article 5, paragraphs (3), (4), and (6) as well as the preceding Article, a request made, or childcare leave taken based on that request, by the spouse of a worker pursuant to the provisions of Article 3, paragraph (2) of the Act on Childcare Leave of Diet Officers (Act No. 108 of 1991), Article 3, paragraph (2) of the Act on Childcare Leave of National Government Employees (Act No. 109 of 1991) (including as applied mutatis mutandis pursuant to the provisions of Article 27, paragraph (1) of the same Act and the Act on Temporary Measures concerning Court Officers (Act No. 299 of 1951) (limited to the part pertaining to item (vii))), Article 2, paragraph (2) of the Act on Childcare Leave of Local Government Employees (Act No. 110 of 1991), or Article 2, paragraph (2) of the Act on Childcare Leave of Judges (Act No. 111 of 1991), is considered to be a filed application, or childcare leave taken based on the application, pursuant to the provisions of Article 5, paragraph (1), (3) or (4), respectively.

An employer must not dismiss or otherwise treat a worker disadvantageously due to the worker having filed an application for childcare leave (meaning the application for childcare leave and the application for parental leave; the same applies hereinafter) or having taken childcare leave, or not having filed the application pursuant to the provisions of Article 9-5, paragraph (2) or not having given the consent referred to in paragraph (4) of the same Article, or such other causes related to the provisions of paragraphs (2) through (5) of the same Article as specified by Order of the Ministry of Health, Labour and Welfare.