Updated legislation in Japan offers more leave to employees caring for children

At a glance

• The Japanese government has recently strengthened its Child Care and Family Care Leave Act to further support employees who are caring for young children or elderly family members.
• The updates include 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 came 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.

---

The Japanese government has recently passed new strengthened its Child Care and Family Care leave 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. 

Effective as of 1 April 2025

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 the short-term leave for childcare or family care. However, other employees will have access to the short-term leave regardless of their length of service.

Employer obligations

• 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 (this obligation has been applied since April 2022).

Support for caregivers of family members or child under the age of three

Employers must make an effort to offer remote working options to those caring for family members who need continuous care or have a child under age three. And, employees aged 40 and over must be provided with information on public programs that may assist with care needs.

Effective from 1 October 2025

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.

Additionally, employees who are pregnant, gave birth, or have a child under the age of three must be provided with information on public programmes that may assist with balancing of work and childcare. 

Non-compliance

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