Family Care Leave in Japan for Foreign Workers: Your Rights, How to Apply, and What Employers Must Do

Foreign Workers Are Covered: The Law Does Not Distinguish by Nationality

Many foreign workers in Japan assume that employment protections like family care leave apply only to Japanese nationals. They do not. The law covers you.

The Childcare and Family Care Leave Act (育児・介護休業法, Act No. 76 of 1991 as amended) covers workers employed in Japan regardless of nationality or visa status. Whether you are on a work visa, a highly skilled professional visa, or a spouse visa and working part-time, the law applies if you meet the worker eligibility rules. Under the 2025 care-related revisions, the older "less than 6 months of continuous employment" exclusion was removed for short-term care leave, but some exclusions can still apply through a labor-management agreement, such as workers whose weekly scheduled working days are 2 days or fewer. Fixed-term workers and family-care leave benefit eligibility also have separate rules, so confirm your specific eligibility with your employer's HR department or the Prefectural Labour Bureau's Equal Employment Office (都道府県労働局雇用環境・均等部・室).

Four Separate Rights Under the Same Law

The Childcare and Family Care Leave Act gives workers in care situations four distinct entitlements, each addressing a different practical need.

What the 93-Day Total Means: and How to Split It

The 93 days is not a per-year allowance: it is a total for each family member in need of care, and understanding that distinction changes how you use it.

The 93-day total applies per family member in need of care, not per calendar year. If your parent requires care, you have 93 days available for that parent across your entire employment at your current employer, and you can divide those days into up to 3 separate periods. Each period must cover at least 1 day. There is no requirement to take all 93 days; many workers use a portion at the outset to arrange care services, return to work once services are in place, and draw on the remaining days as needs escalate. The 93-day counter resets only if the same family member recovers, re-enters a condition requiring ongoing care, and a new formal care situation is formally established.

• Take the first period (for example, 30 days) immediately after a hospitalization or diagnosis to arrange the post-hospital care plan, meet the care manager, and set up home modifications.
• Take a second period when your parent moves into a care facility or begins a new service arrangement and needs orientation support during the transition.
• Hold remaining days in reserve for a future acute crisis, a significant change in care level, or an unexpected deterioration.
• Use shorter periods of 5 to 10 days around care reassessment visits, family conferences, or major medical appointments.
• Combine remaining leave with paid annual leave to extend the effective time away without depleting the 93-day allowance faster than necessary.

Who Counts as a Family Member Under the Law

The law specifies which family relationships qualify: and the list is broader than many workers expect.

The family member does not need to live with you or be based in Japan. The key legal requirement is that the person is in a state requiring continuous, ongoing care (常時介護を必要とする状態). In practice, this means they are unable to handle daily living tasks independently due to illness, injury, or physical or cognitive impairment. A formal long-term care insurance (LTCI) certification is not required to qualify for kaigo kyugyo, but documentation from a physician or care professional strengthens your application and removes ambiguity. If your family member is overseas, a physician's note or an equivalent document from the country where they reside is advisable. Individual eligibility depends on the specific circumstances; confirm with your employer's HR department or the Prefectural Labour Bureau's Equal Employment Office if you are unsure whether your situation qualifies.

• Spouse, including a de facto spouse under the Act; same-sex partner coverage should be confirmed with the employer and local rules
• Child (biological or adopted)
• Parent (biological or adoptive)
• Parent-in-law (the father or mother of your spouse)
• Grandparent
• Sibling
• Grandchild

The Employment Insurance Benefit: What You Actually Receive

The 67% wage benefit during care leave does not come out of your employer's pocket: it runs through Japan's employment insurance system and is worth understanding before you apply.

During approved kaigo kyugyo, the employment insurance benefit is calculated at 67% of your wage daily amount at the start of leave (休業開始時賃金日額), subject to statutory caps that are updated each August. The payment is not made directly by your employer; it is processed through Hello Work (公共職業安定所 / ハローワーク) after your employer submits the application. The benefit is generally not subject to income tax, but health insurance and pension premium handling is a separate issue from the benefit itself, so ask payroll what deductions or payments continue during your leave. Payment typically arrives after the leave period, not during it, so plan your finances accordingly. To qualify for the benefit, you generally must have been enrolled in employment insurance for at least 12 months within the 2 years preceding the leave.

The Annual 5-Day (or 10-Day) Kaigo Kyuka

Kaigo kyuka is a separate right from the 93-day leave: it is designed for the shorter, recurring tasks that caregiving generates throughout the year.

Kaigo kyuka provides up to 5 days per fiscal year for a worker with one family member in need of care, or up to 10 days if two or more family members require care. Unlike kaigo kyugyo, there is no employment insurance benefit paid for kaigo kyuka days: they are typically unpaid unless your employer voluntarily provides pay under their own policy. The days are, however, legally protected. Your employer cannot refuse them, cannot penalize you for taking them, and cannot record them as sick leave or unauthorized absence without your agreement. You can take them in half-day units, which makes them practical for shorter appointments or meetings. Many workers find that kaigo kyuka handles the recurring logistics of an ongoing care arrangement while keeping the 93-day allowance available for more substantial periods away from work.

• Attending a care plan conference (ケアプラン会議) at a day care center or care management office
• Accompanying your parent to a specialist appointment or hospital consultation
• Responding to a fall, a sudden health episode, or a minor emergency that does not require extended leave
• Visiting and evaluating a care facility or assisted living option
• Meeting with a care manager when a care needs assessment changes or a new service plan is introduced

Flexible Working Hours, Shortened Shifts, and Other Options

Beyond leave days, the amended Act gives workers in care situations the right to request structural changes to how and when they work.

Workers in a care situation can request workplace measures designed to help them keep working while providing care. For family care, employers must provide at least one of the legally listed measures: shortened working hours, flextime, staggered start and end times, or a system that subsidizes or otherwise supports the cost of care services. The measure must be usable for at least 3 years and at least 2 times for each family member needing care. Separately, workers can request limits on overtime, late-night work, and scheduled overtime in qualifying situations. Telework can be offered as a company policy, but it should not be described as one of the core statutory family-care short-time measures. The available options at your workplace should be specified in the company's work rules (就業規則). The Prefectural Labour Bureau's Equal Employment Office or a labor attorney can clarify the rules that apply to your specific situation.

• Which statutory care-support measure does our company provide: shortened hours, flextime, staggered hours, or care-service cost support?
• Is telecommuting or remote work also available for my role under company policy?
• What does the shortened-hours option look like in practice: minimum daily hours and how the reduction affects my pay?
• Is there a company policy for combining flexible working arrangements with kaigo kyuka days on the same day?
• Can the arrangement be reviewed or adjusted after 6 months if my family member's care needs change significantly?

Filing the Request: Documents and the Two-Week Notice Rule

Applying for kaigo kyugyo follows a defined process, and knowing the steps in advance makes the conversation with your employer much easier.

The 2-week notice requirement can feel tight when a care situation arises without warning. If your parent is unexpectedly hospitalized or a care crisis occurs with no advance notice, inform your employer as soon as practicable and request approval with as short a notice period as the situation allows. Employers are expected to act in good faith in genuine emergencies, and in practice many do. For planned leave: a scheduled surgery, a facility transition, or a post-hospitalization care setup: give as much advance notice as possible. Doing so helps your team prepare and strengthens your standing if any dispute arises later.

• Confirm your eligibility with HR, including any labor-management agreement exclusions and any fixed-term contract rules that apply to you.
• Gather documentation of the family member's care need: a physician's note, an LTCI certification if one exists, or a written description of the care situation.
• Submit a written application (介護休業申出書) to your employer at least 2 weeks before the desired start date.
• Specify the intended start date, the expected end date, and the name and relationship of the family member requiring care.
• Receive written confirmation from your employer: they are required to respond in writing.
• After the leave period ends, your employer files the benefit application with Hello Work on your behalf.
• Follow up on the benefit payment timeline: it typically arrives 2 to 3 months after the leave ends, paid directly to your bank account.
• Confirm your return-to-work role and schedule in writing before the leave ends.

What Your Employer Is Required: and Not Required: to Do

The obligations on your employer are specific, and knowing the boundary between what they must do and what they need not do puts you in a stronger position.

Your employer must approve the leave if you meet the eligibility criteria, must not treat you disadvantageously because you exercised care-leave rights, and normally handles the employment insurance benefit application with Hello Work. Your employer is not required to pay you directly during the leave because the benefit comes from employment insurance, not company funds. Retaliation for exercising leave rights, such as demotion, salary reduction, assignment to a disadvantageous role, or termination, is prohibited by law. If you believe you have faced retaliation, contact the Prefectural Labour Bureau's Equal Employment Office (都道府県労働局雇用環境・均等部・室), a union representative, or a labor attorney.

• Refusing a qualified worker's written application for kaigo kyugyo or kaigo kyuka
• Demoting, reducing the salary of, or penalizing a worker upon return from approved care leave
• Recording approved care leave days as unauthorized absence or counting them against attendance records without the worker's agreement
• Applying pressure on a worker to resign before, during, or after taking care leave
• Declining to file the employment insurance benefit application with Hello Work on behalf of the worker

Balancing Work and Care Without Burning Through All 93 Days at Once

The workers who get the most out of the 93-day allowance are typically those who treat it as a resource to be managed across the arc of a care situation, not a block of time to take at the start.

A parent's care needs rarely peak at the moment of diagnosis or the first hospitalization. They tend to intensify gradually over months or years, with acute episodes interspersed with periods of relative stability. Taking all 93 days at once, early in the care journey, can leave you without a formal leave option later when the need is greater. A more practical approach for many workers is to use the first leave period for the immediate setup phase: arranging LTCI services, meeting the care manager, overseeing home modifications, attending the initial care plan conference: and then return to work once professional support is in place. Flexible working arrangements, including shortened daily hours and remote work where available, can handle many of the ongoing day-to-day logistics without depleting the leave allowance.

For a fuller picture of what the caregiver role in Japan actually involves, see Becoming a Caregiver for Your Parent in Japan and Caregiver Burnout and Handing Over Care in Japan. If you reach a point where balancing work and care is no longer sustainable on your own, Help with an Elderly Parent in Japan and Home Care Services in Japan for Elderly Foreigners cover what professional support is available and how to access it.