What changed in the 2025 revision of the Child Care and Family Care Leave Act? Work rules, individual notification, and intention confirmation that companies must put in place
Joji Uramatsu
Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant), Gyoseishoshi (Certified Administrative Procedures Legal Specialist), Registered Real Estate Transaction Specialist — 四葉社会保険労務士事務所/四葉行政書士事務所
The Child Care and Family Care Leave Act was amended by Act No. 42 of 2024 (promulgated May 31, 2024) and came into force in two stages on April 1, 2025 and October 1, 2025. What companies must do goes beyond revising work rules: at each stage (pregnancy/childbirth notice, before a child turns 3, when caregiving arises, and around age 40), they must operate individual notification, intention confirmation, intention hearing, consideration of the intentions heard, information provision, and employment environment development. In particular, from October 2025, companies must select and introduce two or more of five flexible work measures for employees raising children aged 3 to pre-elementary-school.
In short: The Child Care and Family Care Leave Act was amended by Act No. 42 of 2024 (promulgated on May 31, 2024) and came into force in two stages, on April 1, 2025 and October 1, 2025 (as of August 2026, both are already in force). What is required of a company goes beyond revising its work rules. Companies must also operate — separately at each stage, such as when an employee gives notice of pregnancy or childbirth, before a child turns 3, when an employee is faced with caregiving, and around age 40 — "individual notification," "intention confirmation," "intention hearing," "consideration of the intentions heard," "information provision," and "employment environment development." In particular, from October 2025, companies must select and introduce two or more of five flexible work measures for employees raising children aged 3 to before elementary school. This article organizes the amendment by effective date and explains, in order, the differences between these concepts and what a company should do at each stage.
This article is written for managers and HR/personnel staff of small and medium-sized companies that have at least one employee who needs to balance work with childcare or caregiving, or that may have such employees in the future. The point of this amendment is to put in place not only the rules but also day-to-day operations; revising work rules alone is not enough.
What changed in the Child Care and Family Care Leave Act in 2025?
The amendment is divided into the part effective April 1, 2025 and the part effective October 1, 2025. The overall picture is first organized separately for childcare and caregiving.
Effective April 1, 2025 (childcare)
- Renamed child nursing leave to "child nursing and other leave"
- Expanded the scope of eligible children to the end of the third grade of elementary school
- Added the following as grounds: school closure due to infectious disease, kindergarten/nursery enrollment and elementary school entrance ceremonies, and graduation ceremonies
- Abolished the mechanism allowing a labor-management agreement to exclude workers with less than six months of continuous employment
- Expanded the restriction on work outside prescribed working hours (exemption from overtime) to before elementary school
- Measures allowing telework and other arrangements for workers raising children under age 3 (best-effort obligation)
- Added telework and other arrangements as alternative measures to the short-time work system (for children under 3)
- Expanded the obligation to publish the status of childcare leave acquisition to employers with 300 or more ordinarily employed workers
Effective April 1, 2025 (caregiving)
- Employment environment development to prevent caregiving-related resignation
- Individual notification and intention confirmation when an employee reports being faced with caregiving
- Early information provision around age 40, before an employee is faced with caregiving
- Abolition of the labor-management agreement exclusion for workers with less than six months of continuous employment for family care leave
- Measures allowing telework and other arrangements for workers caring for a family member in need of care (best-effort obligation)
Effective October 1, 2025
- Flexible work measures for workers raising children aged 3 to before elementary school (select two or more of five measures)
- Individual notification and intention-to-use confirmation for the flexible work measures
- Individual intention hearing and consideration regarding balancing work with childcare
For childcare, "systems according to the child's age"; for caregiving, "mechanisms to prepare before being faced with caregiving" were each expanded. The differences between the concepts and what a company should do at each stage are explained below in order.
What is the difference between individual notification, intention confirmation, and intention hearing?
The terms used in the amendment look similar but have different meanings. To avoid confusion, the following six are first distinguished.
- Individual notification: individually informing the relevant worker of the details of a system, where to apply, and so on
- Intention confirmation: confirming with the relevant worker whether they intend to use a system
- Intention hearing: individually hearing the worker's intentions regarding balancing work with childcare, such as working hours, work location, the period of use of work-life balance support systems, workload, and working conditions
- Consideration of the intentions heard: the company considering a response based on the results of the intention hearing
- Information provision: providing information on systems, where to apply, benefits, and so on at an early stage before being faced with caregiving (around age 40)
- Employment environment development: creating a workplace environment in which it is easy to use systems such as family care leave
Intention hearing is a system for "balancing work with childcare." For caregiving, when an employee reports being faced with caregiving, the company carries out "individual notification of the systems" and "intention-to-use confirmation for family care leave and other work-life balance support systems."
The methods of individual notification and intention confirmation for childcare and caregiving, and of intention hearing for childcare, are any of an interview (online interviews are acceptable), written delivery, fax, or e-mail. Fax and e-mail are limited to cases where the worker so requests. Individual notification and intention confirmation for childcare and caregiving must not be carried out in a way that discourages acquisition or use.
Note that "consideration of the intentions heard" is not an obligation to realize, as-is, the working conditions the worker wishes for. The company considers a response based on the intentions heard, and when it is difficult to respond in line with those intentions, it is important to explain the reasons and otherwise respond attentively.
What should be revised in work rules and labor-management agreements?
Dealing with the amendment begins with checking the "rules," such as work rules and labor-management agreements. However, simply replacing the work rules is not the end. It is also necessary to put in place operations that allow the systems to be used in practice (clarifying where to apply, identifying eligible workers, training managers, and so on).
The main points to check are as follows.
- Child nursing and other leave: the name change, the scope of eligible children (to the end of the third grade of elementary school), the added grounds, and the abolition of the labor-management agreement exclusion for workers with less than six months of continuous employment
- Restriction on work outside prescribed working hours (exemption from overtime): the scope expanded from "under age 3" to "before elementary school"
- Alternative measures to the short-time work system (for children under 3): telework and other arrangements added as options
- Flexible work measures (ages 3 to before elementary school): the two or more measures the company has selected, and their details, where to apply, and conditions of use
- Family care leave: the scope of eligible family members and the abolition of the labor-management agreement exclusion for workers with less than six months of continuous employment
For the obligation to create or change work rules itself, see from how many employees are work rules mandatory.
What should a company do when an employee gives notice of pregnancy or childbirth?
When an employee gives notice of pregnancy or childbirth, the company individually carries out the following. This has been mandatory since April 2022 and was not newly created by the 2025 amendment.
- Individually notify the employee of the systems for childcare leave and leave at the time of childbirth (postnatal paternity leave), where to apply, childcare leave benefits, and the handling of social insurance premiums
- Confirm the intention to acquire childcare leave and leave at the time of childbirth
Separately from this, from October 2025, individual intention hearing regarding balancing work with childcare and consideration of the intentions heard became mandatory. Specifically, the company individually hears intentions regarding working hours, work location, the period of use of work-life balance support systems, workload, and working conditions, and considers a response based on the intentions heard. When it is difficult to respond in line with those intentions, it is important to explain the reasons and otherwise respond attentively.
What should a company confirm before a child turns 3?
Before a child turns 3, at an appropriate time, the following two types are handled separately.
- A: individual notification of the flexible work measures + intention-to-use confirmation
- B: individual intention hearing regarding balancing work with childcare + consideration (working hours, work location, the period of use of work-life balance support systems, workload, working conditions, etc.)
In A, the company individually notifies the worker of the details, conditions of use, and where to apply for the flexible work measures the company has selected (described below), and confirms the intention to use them. In B, the company individually hears the worker's intentions regarding balancing work with childcare and considers a response based on the intentions heard.
These individual notifications, intention-to-use confirmations, and individual intention hearings regarding balancing work with childcare are carried out during the one-year period ending one month before the child's third birthday (from the day two days after the child reaches 1 year 11 months to the day after the child reaches 2 years 11 months). Because the systems the child can use switch from "for under age 3" to "for ages 3 to before elementary school" when the child turns 3, not missing this timing is a practical point.
What are the flexible work measures for children aged 3 to before elementary school?
From October 1, 2025, for workers raising children aged 3 to before elementary school, it became mandatory for the company to select and put in place two or more of the following five measures. Eligible workers can choose and use one of the measures the company has put in place.
| Measure | Details |
|---|---|
| ① Change of start time, etc. | Flextime, staggered working hours, etc. |
| ② Telework, etc. | 10 or more days per month |
| ③ Establishment and operation of childcare facilities, etc. | Establishment and operation of childcare facilities, etc. |
| ④ Childcare-work-balance support leave | 10 or more days per year |
| ⑤ Short-time work system | A system that shortens prescribed working hours |
When selecting measures, the company must provide an opportunity to hear the opinions of a labor union representing a majority of workers (or a representative of the majority of workers if there is no such union). Which two to select is decided according to the actual state of the work and the number of eligible workers. Once a system is introduced, its details should be set out in the work rules, notified to eligible workers, and the place to apply clarified.
Note that daily-hired workers are not eligible. In addition, by labor-management agreement, workers with less than one year of continuous employment or workers whose prescribed working days are two or fewer per week may be excluded in some cases.
Measures allowing telework and other arrangements for workers raising children under age 3 have been a best-effort obligation since April 2025. This is a different system from the flexible work measures for ages 3 to before elementary school (an obligation), so be careful not to confuse them.
What is employment environment development to prevent caregiving-related resignation?
To prevent caregiving-related resignation, from April 2025 employers became obligated to develop an employment environment in which it is easy to use family care leave and work-life balance support systems. Specifically, the company carries out one or more of the following four (multiple are desirable).
- Training on family care leave and work-life balance support systems
- Establishment of a consultation desk
- Collection and provision of examples of system use
- Publicizing a policy on promoting the use of the systems
This is about developing the workplace environment as a whole, separate from individual notification and intention confirmation. Even when there is no eligible worker, the company is expected to create an environment in which the systems are easy to use.
What should a company do when an employee reports being faced with caregiving?
When an employee reports being faced with caregiving, the company carries out individual notification of systems such as family care leave and work-life balance support systems, and intention-to-use confirmation for family care leave and work-life balance support systems. Specifically, the company notifies the worker of the details of the systems and where to apply, and confirms the intention to use the systems. The methods are an interview (online acceptable), written delivery, fax, or e-mail (fax and e-mail are limited to cases where the worker so requests). It must not be carried out in a way that discourages acquisition or use.
What should a company do around age 40, before an employee is faced with caregiving?
As an early stage before being faced with caregiving, it is mandatory to provide information on family care leave and work-life balance support systems, where to apply, family care leave benefits, and so on during one of the following periods.
- ① The fiscal year that includes the day on which the worker reaches age 40 (the day before the 40th birthday)
- ② The one-year period from the day after the day on which the worker reaches age 40 (the 40th birthday)
The methods of this information provision are an interview, written delivery, fax, e-mail, or similar. This is early information provision, separate from the individual notification and intention confirmation at the time of a caregiving report.
In the end, what should a company do?
Dealing with the amendment proceeds as: "follow the news → confirm against primary sources → put the rules and operations in order → run individual responses." Specifically, start with the following five steps.
- Confirm the amendment items for April and October 2025
- Revise the work rules, labor-management agreements, and in-house forms
- Select and put in place two or more of the five flexible work measures
- Create operations that can identify eligible workers from age, notices, and so on
- Record and operate individual notification, intention confirmation, intention hearing, and consideration
四葉社会保険労務士事務所 can advise on labor management based on the Child Care and Family Care Leave Act, the development of work rules and in-house operations, notifications, and so on. Consultation is free, and fees are set out in the fee schedule. For the steps of the process, see How consultation and contracting work. Disputes, individual negotiation, and litigation are the domain of a lawyer (Bengoshi), and tax determinations are the domain of a tax accountant. If a different professional is needed, each is contracted separately, and there is no referral fee.
Frequently asked questions
Q. Is the amendment handled once the work rules are revised?
A. No. In addition to revising the work rules and labor-management agreements, the company must carry out day-to-day operations such as individual notification, intention confirmation, intention hearing, consideration, and information provision around age 40.
Q. Can the company freely select two of the five flexible work measures?
A. The company selects two or more of the five measures. However, when selecting measures, the company must provide an opportunity to hear the opinions of a labor union representing a majority of workers, etc. Which measures to select is determined according to the actual state of the work and the eligible workers. For individual selection decisions, please consult a qualified professional after confirming the details of the system and your company's situation.
Q. Is telework for children under age 3 mandatory?
A. Measures allowing telework and other arrangements for workers raising children under age 3 are a best-effort obligation. This is different from the flexible work measures for ages 3 to before elementary school (the obligation to select two or more of five measures). Be careful not to confuse them.
Q. Are individual notification and intention confirmation the same as intention hearing?
A. They are different. Individual notification is informing the worker of the details of a system and where to apply, and intention confirmation is confirming the intention to use a system. Intention hearing is individually hearing, for balancing work with childcare, the worker's intentions regarding working hours, work location, the period of use of work-life balance support systems, workload, and working conditions, and connecting them to consideration. For caregiving, individual notification and intention-to-use confirmation are carried out when an employee reports being faced with caregiving, and the system differs from childcare intention hearing.
Q. When is the caregiving information provision at age 40 carried out?
A. The company provides information on family care leave and work-life balance support systems, where to apply, family care leave benefits, and so on during either the fiscal year that includes the day on which the worker reaches age 40 (the day before the 40th birthday) or the one-year period from the day after the day on which the worker reaches age 40 (the 40th birthday).
Sources for this article
- Act Partially Amending the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (Act No. 42 of 2024, promulgated May 31, 2024). Effective April 1, 2025 and October 1, 2025.
- Child Care and Family Care Leave Act, Article 16-2 (child nursing and other leave) / Article 16-8 (restriction on work outside prescribed working hours) / Article 21, paragraph 1 (individual notification and intention confirmation at the time of pregnancy/childbirth notice) / Article 21, paragraphs 2 and 3 (intention hearing and consideration regarding balancing work with childcare) / Article 21, paragraph 4 (individual notification and intention confirmation at the time of a caregiving report) / Article 21, paragraph 5 (information provision around age 40) / Article 22 (employment environment development) / Article 22-2 (publication obligation for 300 or more workers) / Article 23 (short-time work for children under 3) / Article 23-3 (flexible work measures for ages 3 to before elementary school).
- Effective April 1, 2025 (childcare): renaming to child nursing and other leave, expansion of eligible children (to the end of the third grade of elementary school), added grounds, abolition of the under-six-months exclusion / expansion of the restriction on work outside prescribed working hours (to before elementary school) / telework for children under 3 (best-effort obligation) / addition of telework to alternative measures to short-time work / expansion of the childcare leave acquisition publication obligation (300 or more).
- Effective April 1, 2025 (caregiving): employment environment development (one or more of training / consultation desk / collection and provision of use examples / publicizing a use-promotion policy) / individual notification and intention confirmation at the time of a caregiving report / early information provision around age 40 / abolition of the under-six-months exclusion for family care leave / caregiving telework (best-effort obligation).
- Effective October 1, 2025: flexible work measures for ages 3 to before elementary school (select two or more of five) / individual notification and intention-to-use confirmation for the flexible work measures / individual intention hearing and consideration regarding balancing work with childcare.
- Hearing of opinions from a labor union representing a majority of workers, etc. when selecting the flexible work measures.
- Ministry of Health, Labour and Welfare: the "Child Care and Family Care Leave Act" pamphlet, the childcare-related and caregiving-related points of the law amendment, flexible work measures, and model provisions and reference forms for rules concerning child care and family care leave.
- e-Gov current laws and regulations (statutory provisions should be checked against the current text before publication).
This article does not decide whom to consult. 四葉社会保険労務士事務所 can advise on labor management based on the Child Care and Family Care Leave Act, the development of work rules and in-house operations, notifications, and so on. Disputes, individual negotiation, and litigation are the domain of a lawyer (Bengoshi), and tax determinations are the domain of a tax accountant. If a different professional is needed, each is contracted separately, and there is no referral fee. For frequently asked questions, see the FAQ.
This article is general information. Whether the systems apply and individual determinations are made by a qualified professional after a consultation, in light of the latest primary sources (the Ministry of Health, Labour and Welfare, Prefectural Labour Bureaus, etc.) and individual circumstances. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).
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