The Japanese government passed legislation requiring employers to offer flexible working options to employees caring for young children and expanding existing work-life balance entitlements for working parents. Amendments to the Childcare and Family Care Leave Act and to the Development of the Next-Generation Children Act were enacted on 24 May 2024. While most of the changes will come into effect on 1 April 2025, some provisions will be effective at a date yet to be determined by the government.
Key details
The most relevant changes include:
Flexible working arrangements for employees with young children
Employers will be required to take certain measures to implement flexible working arrangements for employees taking care of children aged three or older.
Employees will be allowed to choose from the following flexible working options:
Changing of the employee’s start time,
Teleworking,
Reduction of the employee’s prescribed working hours,
Granting the employee additional leave, and
Taking additional actions to help the employee care for the child while working.
Employers will be required to accept at least two of their employees’ chosen options. In addition, employers will be mandated to inform eligible employees on the available flexible work options and ask each of them how they wish to better balance their work and childcare duties.
The above changes will come into effect on a date to be specified by a Cabinet Order within one year and six months from the date of promulgation of the amendments.
Increased transparency
Currently, employers with more than 1,000 employees are required to disclose the percentage of male employees taking childcare leave (also called parental leave) every year. Beginning 1 April 2025, the disclosure mandate will extend to companies with more than 300 employees. In addition, employers with more than 100 employees will be required to set numerical targets for such leave.
Overtime exemption
Currently, the exemption from overtime work applies to employees with children aged three and younger. From 1 April 2025, this exemption will extend to employees caring for children who are not yet in elementary school (under age six).
Expanded family care leave:
From 1 April 2025, the scope of the government-funded family care leave that may be taken by employees to care for a sick or injured family member, including children, will be expanded. All employees, regardless of their years of service, will be allowed to take such leave not only when their children are sick or injured but also to attend their children’s events, ceremonies, school closure, school entrance and any other reason where the parents’ attendance is needed. In addition, the leave will extend to employees caring for children up to the third grade of elementary school (currently applies to children below elementary school age).
Eldercare Support:
Employers will be required to provide employees aged 40 and above with information on public programs that may help them care for their elderly parents while remaining employed.
Next steps
Employers should carefully review the new changes and the implementation timelines to amend their internal policies accordingly.
RESOURCES:
https://laws.e-gov.go.jp/law/403AC0000000076/20250401_506AC0000000042 (opens a new window)
Written in collaboration with:
