Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee satisfaction for companies operating in Japan. Japanese labor law, primarily the Labor Standards Act, sets out minimum requirements for various types of leave, ensuring employees receive adequate rest and time off for personal needs, family care, and civic duties. While the law establishes the baseline, many companies offer more generous leave policies as part of their employee benefits package.
Understanding these statutory requirements and common practices is essential for employers to ensure compliance, maintain fair working conditions, and effectively manage their workforce. This includes navigating rules around paid annual leave, public holidays, and specific provisions for sick leave, parental leave, and other types of absence.
Annual Vacation Leave
Paid annual leave (有給休暇 - yūkyū kyūka) is a statutory right for employees in Japan. Entitlement accrues based on the employee's length of service and attendance rate. To be eligible, an employee must have been employed for at least six months and have attended at least 80% of their scheduled working days during that period.
The minimum number of paid annual leave days granted increases with the employee's years of continuous service. For employees working five or more days per week (or 30 hours or more per week), the entitlement is as follows:
| Years of Continuous Service | Minimum Paid Annual Leave Days |
|---|---|
| 0.5 years | 10 |
| 1.5 years | 11 |
| 2.5 years | 12 |
| 3.5 years | 14 |
| 4.5 years | 16 |
| 5.5 years | 18 |
| 6.5 years or more | 20 |
For part-time employees working fewer than five days per week but with regular attendance, leave is granted on a pro-rata basis according to their scheduled working days per week or annual working days.
Employers are legally required to ensure that employees who are granted 10 or more days of paid annual leave take at least 5 days of leave per year. If an employee does not voluntarily take 5 days, the employer must designate dates for the employee to take the remaining days, up to the 5-day minimum. Paid annual leave generally expires after two years if not used.
Public Holidays
Japan observes a number of national public holidays throughout the year. On these days, employees are typically entitled to a day off with pay. If a public holiday falls on a Sunday, the following Monday is usually observed as a substitute holiday.
Here are the standard public holidays observed in Japan:
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| January 2nd Monday | Coming of Age Day |
| February 11 | National Foundation Day |
| February 23 | The Emperor's Birthday |
| March 20 or 21 | Vernal Equinox Day |
| April 29 | Showa Day |
| May 3 | Constitution Memorial Day |
| May 4 | Greenery Day |
| May 5 | Children's Day |
| July 3rd Monday | Marine Day |
| August 11 | Mountain Day |
| September 3rd Monday | Respect for the Aged Day |
| September 22 or 23 | Autumnal Equinox Day |
| October 2nd Monday | Health and Sports Day |
| November 3 | Culture Day |
| November 23 | Labor Thanksgiving Day |
Note: Specific dates for Vernal Equinox Day and Autumnal Equinox Day vary slightly each year. Substitute holidays apply when a holiday falls on a Sunday.
Sick Leave Policies and Pay
Unlike many countries, there is no statutory requirement in Japan for employers to provide paid sick leave. If an employee is ill, they may typically use their accrued paid annual leave days. Some companies may offer their own form of paid sick leave as a company benefit, but this is based on company policy, not law.
For longer periods of illness or injury that prevent an employee from working, employees enrolled in the Japanese health insurance system may be eligible for a "Sickness and Injury Allowance" (傷病手当金 - shōbyō teatekin). This allowance is paid by the health insurance society, not the employer, and typically covers two-thirds of the employee's standard remuneration for up to 18 months, after a 3-day waiting period. Eligibility requires that the employee is unable to work due to non-work-related illness or injury and is not receiving wages from the employer.
Parental Leave
Japan provides statutory leave entitlements for employees welcoming a child, including maternity leave, childcare leave, and a specific paternity leave system.
Maternity Leave
Maternity leave (産前産後休業 - sanzen sango kyūgyō) is a statutory right for female employees.
- Before Birth (Sanzen Kyūgyō): Up to 6 weeks (14 weeks for multiple births) before the expected delivery date. This leave is optional for the employee.
- After Birth (Sango Kyūgyō): 8 weeks after the actual delivery date. This leave is mandatory for the first 6 weeks, after which the employee may return to work if a doctor approves and the employee requests it.
During maternity leave, wages are not legally required from the employer. However, employees enrolled in the health insurance system are eligible for a Maternity Allowance (出産手当金 - shussan teatekin), typically covering two-thirds of their standard remuneration.
Childcare Leave
Childcare leave (育児休業 - ikuji kyūgyō) allows either parent to take leave to care for a child.
- Duration: Generally available until the child reaches one year of age. It can be extended up to the child's second birthday under specific circumstances (e.g., difficulty securing childcare).
- Eligibility: Requires the employee to have been employed for at least one year and expected to continue employment after the leave. There are specific rules for fixed-term contract employees.
During childcare leave, employees are typically eligible for Childcare Leave Benefits (育児休業給付金 - ikuji kyūgyō kyūfukin) from the employment insurance system. The benefit rate is generally 67% of the employee's standard remuneration for the first 180 days of leave, and 50% thereafter.
Paternity Leave (Childbirth and Childcare Leave for Fathers)
In addition to the standard childcare leave available to both parents, Japan introduced a new Paternity Leave system (産後パパ育休 - sango papa ikukyū), also known as "Childbirth and Childcare Leave for Fathers," effective from October 2022.
- Duration: Up to 4 weeks (28 days), which can be taken in two separate periods.
- Timing: Must be taken within 8 weeks after the child's birth.
- Flexibility: Can be taken flexibly, even while continuing to work part-time if agreed upon with the employer.
- Eligibility: Similar to standard childcare leave.
Employees taking this specific paternity leave are also eligible for benefits from the employment insurance system, similar to the initial rate for standard childcare leave.
Other Types of Leave
Beyond the main categories, Japanese law and common company policies provide for other types of leave:
- Caregiving Leave (介護休業 - kaigo kyūgyō): Statutory leave available to employees to care for a family member in a condition requiring constant care. Employees can take up to 93 days of leave per eligible family member, which can be split into up to three periods. Employment insurance benefits are available.
- Bereavement Leave (慶弔休暇 - keichō kyūka): Not statutorily required, but commonly offered by companies. The duration varies depending on the relationship to the deceased family member (e.g., typically 5-7 days for a spouse or parent, fewer days for other relatives).
- Jury Duty Leave (裁判員休暇 - saiban'in kyūka): Statutory leave allowing employees to serve as lay judges if summoned. Employers cannot treat this absence disadvantageously. Pay during this leave is not statutorily required from the employer, but employees receive an allowance from the court.
- Study Leave / Sabbatical: These are not statutory entitlements but may be offered by companies as part of their employee development or retention programs. Policies vary widely.
Employers should clearly define all types of leave available in their work rules and employment contracts to ensure transparency and compliance.
