New legislation in Japan offering more Leave to employees caring for children

At a glance

• The Japanese government has recently passed new legislation aimed at supporting employees who are caring for young children or elderly family members.
• The new legislation includes changes to flexible working, overtime exemptions, extended use of short term leave, and access to the leave.
• The amendments under the Childcare and Family Care Leave Act will come into effect on 1 April, with additional changes effective from 1 October.
• Non-compliance with these regulations could result in administrative guidance or public disclosure of violations.

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The Japanese government has recently passed new legislation aimed at supporting employees who are caring for young children or elderly family members. This initiative is designed to retain carers and parents in the workforce, particularly women. 

Key points of the new legislation

Flexible working options

Employers must offer at least two flexible working options to parents with children aged between three and six. These options include:

• Flexible start or end times.
• Remote working options for at least ten days per month.
• Short-term leave of up to five days, extendable to ten days if caring for more than two children in the specified age range.
• Employers must also provide a reduction in working hours or on-site childcare facilities for parents of children within this age group.

Exemption from overtime

Eligible parents can request exemption from overtime work. However, employers can deny such requests if they can demonstrate that compliance would severely disrupt operations.

Extended use of short-term leave

Short-term leave is not limited to a child's sickness or injury. It now includes time off for attending a child's entrance-to-school ceremony, graduation ceremony, or if the child's school is closed due to an epidemic.

Eligibility and access

Employees working two days or less per week are excluded from these benefits. However, other employees will have access to caregiving leave regardless of their length of service.

Implementation timeline

The amendments under the Childcare and Family Care Leave Act will come into effect on 1 April, with additional changes effective from 1 October.

Employer obligations

• Employers must inform staff about the new flexible working options and how these benefits can help balance work and childcare duties.
• Businesses with more than 1,000 employees are currently required to disclose the percentage of staff taking childcare leave annually. From 1 April, this requirement will extend to companies with more than 300 workers.
• Employers with more than 100 staff will need to set targets for such leave.

Support for caregivers of older family members

Employers must offer remote working options to those caring for older family members. And, employees aged 40 and over must be provided with information on public programs that may assist with care needs.

Non-compliance

Non-compliance with these regulations could result in administrative guidance or public disclosure of violations.