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Annual leave in Japan
Parental leave in Japan
Adoption leave in Japan
Other types of leave in Japan
Public holidays in Japan
Protect your employees and your business
To attract and retain top talent in Japan, you need to understand their rights when it comes to paid time off. This includes a variety of leave entitlements that support work-life balance and promote the overall well-being of your staff. Understanding these guidelines will help you create a positive workplace culture where employees feel valued and supported.
In this guide, we will cover important topics around leave entitlements in Japan, such as paid time off, maternity leave, sick leave, public holidays, and more. This way, you can create a leave policy that are not only adhere to Japan’s regulations but also ensure employees’ rights are met.
The Labour Standards Law in Japan sets the rules for annual paid leave. It specifies the minimum number of days that employees are entitled to take off each year as paid leave.
Employees in Japan are entitled to paid annual leave, starting with 10 days after six months of continuous work. As employees stay longer with the company, their leave increases as well, reaching a maximum of 20 days after six years of service.
Here is a quick breakdown:
In practice, many employees in Japan do not use all of their allotted annual leave. Reports show that a significant amount of paid leave goes unused each year. Workplace culture can influence this, as it may discourage or perceive taking time off as a lack of commitment.
However, some companies offer additional benefits and provide enhanced paid time off policies that go beyond the legal requirements, encouraging employees to take the breaks they need to recharge and maintain their well-being.
There are no legal requirements for employers to provide paid sick leave. This means that employers are not obligated to include sick leave as part of their standard employee benefits.
However, many companies in Japan have their own policies regarding sick leave, and it’s not uncommon for them to offer some paid sick leave days as part of their internal regulations.
Meanwhile, workers who are enrolled in Japan’s health insurance system may be eligible for a sickness allowance, known as, “shoubyouteate,” if they are unable to work due to illness or injury for a period of four days or more.
Before employees can receive this sickness allowance, there is a three-day waiting period, called “waiting days,” during which no payment is made. After these initial three days, the sickness allowance becomes available to eligible employees, typically at a rate of two-thirds of their regular standard daily wage. Employees can continue to receive this payment for the duration of their illness, subject to a specific limit.
All expecting mothers are entitled to up to 14 weeks of maternity leave. This typically includes six (6) weeks before the expected due date and eight (8) weeks after childbirth. If the baby is overdue, the days between the due date and the actual date of birth are added to the post-birth leave period.
Employees on maternity leave have job protection, which means they cannot be dismissed for taking leave. Employers are required to reinstate them in their original position or a similar one upon their return.
After maternity leave, parents can take additional parental leave. Mothers can take up to one year of parental leave (or up to 18 months if the child is born with a disability), and fathers can also take parental leave, encouraging shared responsibilities.
Some companies may offer additional benefits, such as extended leave options or flexible working arrangements for parents.
During maternity leave, mothers in Japan can receive a maternity allowance called “出産手当金” (shussan teatekin) through the health insurance system. This benefit typically covers about two-thirds of their salary for a certain period, helping to support families during this time.
In addition, there is a maternity payment available through the National Health Insurance, which is currently set at 420,000 JPY per child.
To apply for maternity leave in Japan, the expectant mother needs to submit an application to the health insurance society her company is affiliated with, which in Japanese is known as “健康保険組合” (kenkōhoken kumiai). If her company does not have its own health insurance society, the application can alternatively be sent to the Japan Health Insurance Association.
The process generally involves the expectant mother notifying her employer of the pregnancy and her intention to take maternity leave. This should be done well in advance, in compliance with any company policies regarding notice periods. The employee may need to provide a medical certificate with the expected delivery date. After this, the employer will typically guide the employee through the necessary administrative procedures to secure maternity leave benefits.
Upon the approval of the leave, the employee will receive a maternity allowance, which amounts to two-thirds of the average salary from six weeks (42 days) prior to the birth until eight weeks (56 days) after delivery. The application for this allowance should be made through the health insurance provider, which includes submitting forms and required documentation, such as the mother and child’s health books, and a certificate of the childbirth from the hospital.
Fathers are entitled to take up to one year of parental leave, which can be taken until the child turns one year old. If the child has a disability, the leave can extend to 18 months.
Paternity leave is referred to as ‘childcare leave’ in Japan. During paternity leave, employees typically do not receive a salary unless specified in their employment contracts. However, they can receive benefits from the national insurance system, which typically covers about two-thirds of their salary for the first six months of leave, decreasing afterward.
Similar to maternity leave, fathers enjoy job protection during paternity leave, which means they cannot face dismissal for taking this leave. They also have the right to resume their previous role or one that is similar.
Both mothers and fathers are eligible for parental leave, allowing them to take time off to care for their newborns. Parents can take up to one year of parental leave after the birth of a child. For children with disabilities, this leave can be extended to 18 months.
During parental leave, parents receive benefits from the social security system, typically covering around 67% of their salary for the first six months, and about 50% for the remaining period.
To be eligible for these benefits, parents must be enrolled in Japan’s social insurance system. They have the flexibility to take their leave all at once or in shorter blocks to suit their needs.
Moreover, employees are protected from dismissal or discrimination due to taking parental leave. They are guaranteed the right to return to their original job or a similar position upon returning from parental leave.
For companies with 1,000 or more employees, they are required to publicly share the annual rate of their staff who take childcare leave.
Moreover, employees are protected from dismissal or discrimination due to taking parental leave. They are guaranteed the right to return to their original job or a similar position upon returning from parental leave.
Under the Child and Family Care Leave Act, employees who adopt a child are entitled to take a parental leave, similar to biological parents.
Adoptive parents can take up to one year of parental leave after the adoption of a child, which can be extended in certain circumstances, such as for children with disabilities. They are also protected from dismissal and have the right to return to their job position after their adoption leave.
To qualify for childcare leave, individuals must have been continuously employed by their current employer for at least one year and should expect to remain employed after their child turns one. However, those whose contracts are not expected to be renewed by the time their adopted child turns two are not eligible for this benefit.
While the law provides for adoption leave, specific company policies may vary, and some employers may offer additional benefits or support for adoptive parents.
These types of leave are not required by Japan’s labour laws, but most Japanese companies offer them as part of their benefits package to help support their employees’ well-being.
The concept of forced time off typically refers to situations where employees are compelled to take leave, often in response to economic pressures or operational considerations faced by employers. This approach can also be seen as part of Japan’s broader efforts to combat the issue of overwork – a significant problem due to the country’s notoriously long working hours. Japan’s labour laws and reforms, including the Work Style Reform Bill, address overwork by capping overtime and promoting work-life balance.
Some companies in Japan do offer menstrual leave, although it is not mandated by law. The policies around menstrual leave can vary widely between companies. When offered, menstrual leave typically allows employees to take a few days off each month if they experience significant discomfort or health issues related to menstruation.
Depending on the company, menstrual leave may be paid or unpaid. Some organisations may integrate it into existing sick leave policies. To take menstrual leave, a woman typically needs to notify her employer and may be required to provide proof of her condition, although this depends on the company’s policies and the level of trust within the workplace.
Medical leave policies allow employees to take time off work for health-related reasons. When an employee is unable to work for 4 days or more due to illness, they must first go through three continuous ‘waiting days,’ during which they are not paid under the shoubyouteate policy. It is essential to check with the employer if they offer any paid sick leave in their company policies, as this is quite rare in Japanese companies.
Many companies offer this leave as part of their employee benefits. The amount of leave provided can vary depending on the company’s policies. Typically, employees may receive a few days off to grieve the loss of a close family member, such as a parent, spouse, or child. Employers often allow additional time off, if necessary, especially for traditional mourning practices or ceremonies.
While the standard maternity leave is typically 14 weeks, some companies do offer extended maternity leave as part of their benefits package. This can vary by employer, with some organisations allowing additional unpaid leave or flexible options for returning to work.
Many companies are becoming more family-friendly and may provide support, such as flexible work hours or the ability to work remotely after maternity leave.
There is no formal legal requirement for cultural or religious leave, but some companies accommodate employees’ cultural and religious practices. They may offer flexible leave policies or allow employees to take time off for specific cultural events, traditional ceremonies, or religious observances, such as New Year’s celebrations or festivals.
The extent of these accommodations can vary widely between companies. In general, larger organisations or those with a more diverse workforce may be more inclined to offer such flexibility.
Some employers may offer extended family care leave beyond the legal minimum requirements as part of their employee benefits package. Larger companies or those with more progressive policies might provide additional unpaid leave or flexible arrangements to support employees caring for family members. This can include options for part-time work or flexible hours.
Public holidays, known as “国民の祝日” (kokumin no shukujitsu), are an important part of work culture in Japan, providing employees with valuable time to relax and spend with family and friends.
There are 16 recognised public holidays in Japan and are generally considered paid time off for employees. On these national holidays, most employers give their workers the day off with pay. If an employee is required to work on a public holiday, they are typically compensated with additional pay or an alternative day off, depending on company policy.
When a public holiday lands on a Sunday, the next working day will be a public holiday instead. Also, most companies typically close from December 29th to January 3rd for a little year-end break.
As an employer in Japan, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local and national employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risks.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
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