Labor & Employment Law

Japan’s Family-Care Leave Act: 2025 Amendments & Employer Checklist

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read
Single-slide summary: 2025 amendments—flexible work, broader leave, overtime limits, disclosure duties under Japan’s Childcare & Family Care Leave Act
TL;DR: Japan’s 2024 amendments to the Childcare and Family Care Leave Act (effective April 2025-26) force employers to offer flexible work options up to preschool age, broaden care leave, expand overtime exemptions, and impose new disclosure and consultation duties. Early policy updates and training are essential.

Table of Contents

  1. Overview of the Childcare and Family Care Leave Act
  2. Key Revisions Effective 2025-2026: Expanding Support
  3. Implications for Employers in Japan
  4. Conclusion: Fostering a More Sustainable Workforce

Amidst significant demographic shifts, including a declining birthrate and an aging population, Japan is increasingly focused on creating a society where individuals can successfully balance work responsibilities with the demands of raising children and caring for elderly or infirm family members. Promoting work-life balance and fostering greater gender equality in shouldering care responsibilities are key policy objectives.

A cornerstone of this effort is the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Ikuji Kaigo Kyūgyō Hō - 育児・介護休業法). This law provides various entitlements and requires employers to implement support systems for working parents and caregivers. Recognizing the need for further enhancement, significant amendments to this Act were passed in 2024 (Reiwa 6), with key provisions taking effect in stages starting from April 1, 2025. These updates introduce more flexible work options, strengthen support for diverse family situations, and aim to reduce instances of employees leaving their jobs due to caregiving burdens (kaigo rishoku). Understanding these changes is vital for all employers in Japan, including foreign-affiliated companies.

Overview of the Childcare and Family Care Leave Act

The Ikuji Kaigo Kyūgyō Hō establishes a range of rights for employees related to childcare and family care, and imposes corresponding obligations on employers. Core elements include:

  • Childcare Leave (Ikuji Kyūgyō): Eligible employees (both male and female) can take leave, generally until the child turns one year old (extendable under certain conditions). A separate, more flexible "post-natal paternity leave" (sango papa ikukyū) also exists, allowing fathers to take up to four weeks of leave within eight weeks of childbirth.
  • Short-Term Family Care Leave (Kaigo Kyūka): Leave taken in shorter increments (typically up to 5 days per year, 10 for two or more family members needing care) for purposes like accompanying family members to medical appointments.
  • Long-Term Family Care Leave (Kaigo Kyūgyō): Longer periods of leave (up to 93 days total per family member) for more intensive care needs.
  • Measures for Shorter Working Hours, etc.: Requirements for employers to offer options like reduced working hours for parents of young children or those providing family care.
  • Exemptions from Overtime/Night Work: Rights for eligible employees to request exemption from non-scheduled work (overtime) or late-night work.
  • Prohibition of Disadvantageous Treatment: Employers are forbidden from dismissing or treating employees disadvantageously because they request or take childcare or family care leave or utilize other support measures under the Act.

Key Revisions Effective 2025-2026: Expanding Support

The 2024 amendments introduce several significant enhancements, implemented in phases:

1. Enhanced Flexibility for Parents of Young Children:

  • Mandatory Flexible Work Options (Age 3 to Pre-School): Perhaps the most impactful change applies to employees raising children from age 3 until they enter elementary school. Employers are now legally obligated to implement at least two measures from the following list (prescribed by Ordinance) and allow eligible employees to choose one of these measures (New Act Art. 23-3, effective April 1, 2025):
    • (a) Shorter working hours system (tanjikan kinmu seido).
    • (b) Flextime system (furekkusu taimu seido).
    • (c) Staggered working hours system (shigyō jikoku no kuriage/kurisage - start/end time adjustments).
    • (d) Establishment/operation of in-house childcare facilities (jigyōsho-nai hoiku shisetsu) or providing equivalent financial assistance (e.g., subsidies for babysitters).
    • (e) Granting new types of leave that employees can take for childcare purposes (arata na kyūka no fuyo).
      Employers must consult with labor unions or employee representatives when deciding which two (or more) options to make available. They also have obligations to inform employees of the available measures and ascertain individual preferences. This significantly expands mandatory support beyond the previous focus on the period up to age 3.
  • Expanded Overtime Exemption (Up to Pre-School): The right for employees to request exemption from non-scheduled work (overtime) (shoteigai rōdō no seigen) is extended from covering parents with children under 3 to include those with pre-school children (New Act Art. 16-8, effective April 1, 2025).
  • Enhanced Child Sick/Event Leave (Ko no Kango Kyūka): Eligibility for this short-term leave (used for things like child's sickness/injury, medical check-ups, vaccinations) is extended. Previously available for pre-school children, it now covers children up to the end of the third grade of elementary school (approx. age 9) (New Act Art. 16-2, effective April 1, 2025). The permissible reasons for taking this leave are also broadened to explicitly include participation in school events like entrance or graduation ceremonies. Furthermore, the rule allowing employers (via labor-management agreement) to exclude employees with less than 6 months' tenure from taking this leave is abolished.
  • Effort Obligation for Telework (Under Age 3): While not mandatory, employers are now legally encouraged (under an "effort obligation" - doryoku gimu) to establish systems enabling employees caring for children under age 3 to utilize telework (zaitaku kinmu) as an option (New Act Art. 24(2), effective April 1, 2025). Shorter working hours systems must also be made available (Art. 23).

2. Consideration for Diverse Family Circumstances:

  • Recognizing that some families face additional challenges, the amendments introduce a new obligation for employers to ascertain individual circumstances when an employee notifies them of pregnancy/childbirth or when their child reaches age 3. This includes inquiring about factors such as whether the child has a disability, requires ongoing medical care, or if the employee is a single parent. (New Act Art. 21(2), effective April 1, 2025).
  • Based on the information gathered, employers are then placed under an effort obligation (doryoku gimu) to provide necessary consideration (hairyo) tailored to the employee's specific situation (New Act Art. 21(3)). Official guidelines suggest examples like allowing extensions to childcare leave periods beyond the standard limits or granting more days of short-term childcare leave (ko no kango kyūka), depending on the circumstances and feasibility.

3. Promoting Paternity Leave Uptake:

  • To further encourage male employees to take childcare leave, the requirement for public disclosure of leave uptake rates is expanded. Previously mandatory only for companies with over 1000 employees, it now applies to employers with more than 300 regularly employed workers (New Act Art. 22-2, effective April 1, 2025). Companies must annually publish either (a) the percentage of eligible male employees who took childcare leave (including sango papa ikukyū) or (b) the percentage who took either childcare leave or other employer-provided leave for childcare purposes. This information must be readily accessible, typically on the company website.

4. Strengthening Support for Family Caregivers:

The amendments also significantly bolster support for employees providing care for family members (spouses, parents, children, grandparents, siblings, etc.) who require constant care due to injury, sickness, or physical/mental disability. The aim is to prevent employees, particularly experienced ones, from having to leave their jobs due to caregiving responsibilities (kaigo rishoku).

  • Mandatory Information Provision & Intention Check: Mirroring the childcare provisions, employers now have a duty to individually inform employees about the available caregiver support systems when an employee first notifies them of a family care situation or proactively when the employee reaches age 40 (an age when caregiving needs often arise). The information must cover long-term caregiver leave (kaigo kyūgyō), short-term caregiver leave (kaigo kyūka), exemption from overtime/night work, and shorter working hours options. Employers must also make efforts to ascertain the employee's intentions regarding the potential use of these systems (New Act Art. 21(2), (3), effective April 1, 2025). Providing information about external resources like community comprehensive support centers (chiiki hōkatsu shien sentā) is also encouraged.
  • Mandatory Supportive Environment Measures: Employers are required to implement at least one measure aimed at fostering a workplace culture supportive of caregivers (New Act Art. 22(2)-(4), effective April 1, 2025). The options include:
    • (a) Conducting training for employees regarding caregiving leave and support systems.
    • (b) Establishing consultation services/liaisons for employees with caregiving responsibilities.
    • (c) Collecting and providing information on examples of how employees within the company have successfully utilized caregiving leave and support systems.
    • (d) Publicizing the company's specific policy or approach to supporting the balance of work and family care.
  • Expanded Eligibility for Short-Term Care Leave (Kaigo Kyūka): Similar to the change for childcare leave, the rule allowing exclusion of employees with less than 6 months' tenure from taking short-term caregiver leave is abolished (New Act Art. 16-6(2), effective April 1, 2025).
  • Effort Obligation for Telework: Telework is added as a measure employers should strive to offer employees providing family care (New Act Art. 24(4), effective April 1, 2025).

Implications for Employers in Japan

These amendments require employers, including foreign companies with operations in Japan, to take several concrete steps:

  • Update Work Rules and Policies: The shūgyō kisoku and related internal policies must be revised to incorporate the new mandatory obligations (e.g., the "2 out of 5" flexible work measures for parents of 3-to-preschoolers, the expanded leave eligibilities) and reflect the new "effort obligations." Ensure compliance by the relevant effective dates (primarily April 1, 2025).
  • Implement New Processes: Establish or modify HR processes to handle:
    • Mandatory provision of information and intention checks for caregivers (upon notification or at age 40).
    • Ascertaining individual circumstances for working parents.
    • Consultation with employee representatives regarding the choice of flexible work measures.
    • Annual public disclosure of male childcare leave uptake rates (for companies with >300 employees).
  • Communication and Training: Clearly communicate the updated policies and available support measures to all employees. Train managers and HR personnel on their obligations, particularly regarding individualized consideration and fostering a supportive environment for parents and caregivers.
  • Budget and Resource Allocation: Assess the potential administrative and operational impacts of these changes. Consider applying for government subsidies (joseikin), often available especially to small and medium-sized enterprises (SMEs), to help offset implementation costs associated with promoting work-life balance.
  • Consider Broader Benefits: While requiring adaptation, these measures can yield significant long-term benefits, including improved employee morale, reduced turnover (especially among experienced employees facing caregiving needs), enhanced productivity, and a stronger corporate reputation aligned with Environmental, Social, and Governance (ESG) and Diversity, Equity, and Inclusion (DEI) principles.

Conclusion: Fostering a More Sustainable Workforce

The Reiwa 6 (2024) amendments to Japan's Childcare and Family Care Leave Act represent a significant legislative effort to create a more supportive environment for employees balancing work with crucial family responsibilities. By mandating greater flexibility for parents of young children, expanding leave entitlements, requiring more individualized consideration, increasing transparency around paternity leave, and strengthening support systems for caregivers, the law aims to address pressing demographic challenges and promote a more inclusive and sustainable workforce.

For businesses operating in Japan, adapting to these changes proactively is essential. This involves not just updating policies and procedures to meet the new legal requirements by their effective dates beginning in April 2025, but also embracing the underlying goal of fostering a workplace culture where employees feel genuinely supported in managing both their careers and their family lives. Doing so is not only a matter of legal compliance but also a strategic imperative for attracting and retaining talent in Japan's evolving labor market.