Overview of the Revised Childcare and Nursing Care Leave Act
On April 1, 2026, Japan's revised Childcare and Nursing Care Leave Act (Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members) took effect. The reform aims to combat the declining birth rate and strengthen support for balancing work with childcare and family caregiving.
This article covers the key changes that most significantly affect HR departments and working parents.
Expansion of Child Nursing Leave
Extended Age Coverage
Previously, child nursing leave was available only for children before elementary school entry. The revision extends coverage to children through the completion of 3rd grade (approximately age 9).
| Item | Before Reform | After Reform (April 2026) |
|---|---|---|
| Eligible child's age | Before elementary school entry | Through completion of 3rd grade |
| Annual leave days | 5 days for 1 child; 10 days for 2+ | No change |
| Name | Child Nursing Leave | Child Nursing Care Leave |
Additional Qualifying Reasons
The qualifying reasons for taking leave have been expanded beyond illness and vaccinations to include:
- School closures due to infectious diseases (based on Article 20 of the School Health and Safety Act)
- Attendance at school events such as entrance and graduation ceremonies
This change recognizes the reality of dual-income households, enabling parents to use leave during influenza or COVID-related school closures.
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Try for free →Flexible Work Measures for Workers with Pre-School Children (Aged 3+)
Employer Obligations
A centerpiece of the reform is the mandatory flexible work measures for workers raising children aged 3 to pre-school age (revised Article 23-3 of the Act).
Employers must implement at least 2 of the following measures and allow workers to select one:
| Measure | Details |
|---|---|
| Adjusted start/end times | Flextime, staggered work hours, etc. |
| Telework | At least 10 days per month available |
| Shorter working hours | Reduced to approximately 6 hours per day |
| Childcare facilities | On-site nursery, babysitter subsidies, etc. |
| Additional leave | At least 10 days of childcare leave per year |
Employers must consult with the majority labor union (or employee representative) when selecting measures. They are also required to individually notify each eligible worker and confirm their preferences.
Expansion of Overtime Exemption Rights
Key Changes
The right to request exemption from overtime work under Article 16-8 of the Act has been expanded:
| Item | Before Reform | After Reform (April 2026) |
|---|---|---|
| Eligible child's age | Under 3 years old | Before elementary school entry |
| Request period | 1 month to 1 year per request | No change |
Workers with children aged 3 and older can now request overtime exemption, making it easier to manage daily childcare responsibilities such as nursery school pickups.
Broader Childcare Leave Disclosure Requirements
Expanded Company Coverage
The obligation to publicly disclose childcare leave uptake rates has been extended from companies with over 1,000 employees to those with over 300 employees (revised Article 22-2).
| Item | Before Reform | After Reform (April 2026) |
|---|---|---|
| Subject companies | 1,000+ regular employees | 300+ regular employees |
| Disclosure content | Male childcare leave uptake rate | No change |
| Disclosure method | Public internet disclosure | No change |
Covered companies must publish their male childcare leave uptake rate annually. Failure to comply may result in a recommendation from the Minister of Health, Labour and Welfare, and continued non-compliance may lead to public naming of the company.
New Obligations to Prevent Caregiver Resignation
Individual Notification and Preference Confirmation
As caregiver resignation becomes an increasingly serious social issue, the revised Act imposes new employer obligations when a worker reports facing a family caregiving situation:
- Individual notification regarding available caregiving leave systems (via written documents)
- Confirmation of the worker's intentions regarding caregiving leave
- Early-stage information provision before caregiving needs arise (e.g., when an employee turns 40)
Telework as an Effort-Based Obligation
The introduction of telework for workers providing family care has been established as an effort-based obligation. While not legally binding, employers are encouraged to proactively adopt telework as a measure to prevent caregiver resignation.
Compliance Checklist for Employers
Companies should take the following steps to comply with the reform:
- Update employment rules and childcare/nursing care leave regulations to reflect expanded leave coverage and new qualifying reasons
- Select at least 2 flexible work measures and consult with employee representatives
- Prepare notification forms for individual communication regarding both childcare and caregiving systems
- Update attendance management systems to reflect the expanded overtime exemption eligibility
- Establish a disclosure framework for childcare leave uptake rates (companies with 300+ employees)
- Conduct management training on the new systems and their practical implementation
Summary
The April 2026 revision of the Childcare and Nursing Care Leave Act significantly strengthens Japan's framework for balancing work with childcare and caregiving. The mandatory flexible work measures, in particular, fill a critical gap by supporting workers with pre-school children aged 3 and above — a group previously underserved by the existing shorter working hours system. Companies should prioritize updating their internal regulations and operational frameworks to ensure compliance.
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*Houritsu no Mikata Editorial Team | Published April 26, 2026*
