These amendments are aimed at enabling employees to balance work with childcare and family care, regardless of gender. The amendments (1) expand measures to promote flexible working arrangements tailored to the age of the child, (2) expand the scope of mandatory disclosure requirements regarding childcare leave usage, and (3) enhance support systems that enable employees to balance work with caregiving responsibilities. Employers need to understand these amendments and update their internal policies accordingly to ensure compliance. 

This article discusses the key amendments and what they entail. 

The amendments expand several existing measures that have been put in place to facilitate flexible working arrangements for employees according to the age of the child. The primary measures amended are:

• Enhanced support for balancing work and childcare until the child turns 3 years old. Under current law, employers are encouraged to implement measures such as adjusting start times. Further measures are encouraged for employees who are excluded from eligibility for the shortened working hours system, including measures equivalent to childcare leave, flextime systems, and providing childcare facilities. The new amendments add telework and similar measures as an additional option for these employees.

• Mandatory measures for flexible working (From 3 years old up to elementary school enrollment). Under the new amendments, employers must choose and implement two of the following flexible working measures:
  • Changing start times
  • Telework (at least ten days per month)
  • Installing and operating childcare facilities
  • Granting leave to facilitate childcare (more than ten days per year)
  • Shortened working hours
• Expansion of overtime exemption eligibility. Employees raising children up to elementary school age (rather than the current limit of three years old) are eligible for an exemption from working overtime.
• Childcare time off. The amendments allow employees to take childcare time off until the child completes third grade (rather than until the child starts elementary school). The permitted reasons for taking childcare time off are expanded to include participating in children’s events. The amendments further abolish the option to exempt employees with less than six months of service from eligibility for childcare time off.
• Mandatory consultation and consideration of employee intentions. Existing law requires employers to take measures to confirm whether employees intend to apply for childcare leave when they notify the employer of their pregnancy or childbirth. Under the new amendments, employers are additionally required to inquire into and consider these employees’ intentions regarding balancing work and childcare, and to confirm their intentions regarding submitting an application for measures that can be used before and after their child turns three years old.

• Expansion of disclosure requirements. Under the current law, only businesses with over 1,000 employees are required to make an annual disclosure regarding childcare leave usage. Under the amendments, the disclosure requirement applies to employers with over 300 employees.
• New requirements for action plans. Under the amendments, employers with over 100 employees are newly required to assess male employees’ childcare leave usage and working hours when formulating or revising their legally required action plans. They must analyze areas for improvement to promote work-life balance and set measurable targets for the uptake of childcare leave and for working hours. Employers with 100 or fewer employees are encouraged to comply with these provisions but are not required to do so.

• New obligations for the provision of information and for consultation. Employers are required to individually inform employees about caregiving support systems and confirm their intentions when they face caregiving needs, mirroring the requirements for childcare leave. They are required to provide this information strategically (before caregiving needs become necessary), such as when employees turn 40 years old and become eligible for certain caregiving-related insurance.
• Expansion of caregiving time off eligibility. The amendments abolish the exemption from eligibility for caregiving time off for employees with less than six months of service. Employees can take caregiving time off shortly after being hired, provided certain other conditions are met.
• Expansion of flexible working options. Employers are encouraged to offer telework as a flexible work option for employees caring for family members without taking caregiving leave.

The new amendments aim to create a more supportive environment for employees who bear childcare or caregiving responsibilities, regardless of gender. Employers are required to review and update their internal rules and regulations in accordance with the new requirements. Failure to comply may result in the issuing of administrative guidance by the authorities, and employers who disregard such administrative guidance risk having their non-compliance disclosed publicly. In addition, from a practical perspective, non-compliance can have a negative impact on employee morale and retention rates.