Managing employee leave and vacation time in Japan requires a clear understanding of the country's labor laws and common practices. Japanese law provides robust protections for employees regarding paid time off, including annual leave, public holidays, and various types of special leave such as parental leave. Employers operating in Japan, whether through a local entity or by employing individuals via an Employer of Record, must adhere to these regulations to ensure compliance and maintain positive employee relations.
Navigating the nuances of statutory requirements, such as minimum leave accrual, holiday observance, and specific rules for parental leave, is essential for smooth operations. While some leave types are mandated by law, others may be based on company policy or collective agreements. Understanding the standard entitlements and obligations helps businesses effectively manage their workforce and comply with Japanese labor standards.
Annual Vacation Leave
Japan's Labor Standards Act (LSA) mandates that employers provide paid annual leave (有給休暇 - yūkyū kyūka) to employees who have worked continuously for six months from the date of hire and have worked at least 80% of the scheduled working days during that period. The minimum number of paid leave days increases with the employee's length of service.
The minimum statutory paid annual leave entitlement is as follows:
| Length of Continuous Service | Minimum Paid Leave Days |
|---|---|
| 6 months | 10 days |
| 1 year 6 months | 11 days |
| 2 years 6 months | 12 days |
| 3 years 6 months | 14 days |
| 4 years 6 months | 16 days |
| 5 years 6 months | 18 days |
| 6 years 6 months or more | 20 days |
- Part-time employees working fewer than five days per week or less than 30 hours per week are also entitled to pro-rata paid annual leave based on their scheduled working days per week or total annual working days.
- Employers are legally required to ensure that employees take at least 5 days of paid annual leave per year if they are granted 10 or more days of leave. If an employee does not voluntarily take 5 days, the employer must designate the dates for the employee to take the remaining days.
- Paid annual leave days generally expire after two years if not used.
Public Holidays
Japan observes a number of national public holidays throughout the year. Employees are typically granted paid time off on these days. If a public holiday falls on a Sunday, the following Monday becomes a substitute holiday.
The public holidays expected for 2025 are:
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| January 13 | Coming of Age Day |
| February 11 | National Foundation Day |
| February 24 | The Emperor's Birthday (Substitute Holiday) |
| March 20 | Vernal Equinox Day |
| April 29 | Showa Day |
| May 3 | Constitution Memorial Day |
| May 5 | Greenery Day |
| May 6 | Children's Day (Substitute Holiday) |
| July 21 | Marine Day |
| August 11 | Mountain Day |
| August 12 | Mountain Day (Substitute Holiday) |
| September 15 | Respect for the Aged Day |
| September 23 | Autumnal Equinox Day |
| October 13 | Health and Sports Day |
| November 3 | Culture Day |
| November 24 | Labour Thanksgiving Day (Substitute Holiday) |
Note: Dates for some holidays like Coming of Age Day, Marine Day, Respect for the Aged Day, and Health and Sports Day are based on the "Happy Monday System" and fall on specific Mondays.
Sick Leave Policies and Pay
Unlike many Western countries, there is no statutory requirement in Japan for employers to provide paid sick leave. Employees typically use their accrued paid annual leave days when they are ill.
- If an employee has exhausted their paid annual leave, any further sick days are generally unpaid unless the company has a specific policy offering paid sick leave.
- For long-term illness or injury, employees enrolled in the national health insurance and employee pension insurance systems may be eligible for Injury and Sickness Allowance (傷病手当金 - shōbyō teatekin) from the health insurance society. This benefit typically covers about two-thirds of the employee's standard remuneration and can be paid for up to 18 months, subject to eligibility criteria. This is a social insurance benefit, not a direct employer obligation for payment.
- Employers must comply with regulations regarding leave for work-related injuries or illnesses, which are covered under separate workers' accident compensation insurance (労災保険 - rōsai hoken).
Parental Leave
Japan has comprehensive parental leave laws, including provisions for maternity leave, paternity leave, and childcare leave for both parents.
Maternity Leave
- Before Birth: A female employee is entitled to take leave starting from 6 weeks before the expected date of birth (or 14 weeks in the case of a multiple birth). This leave is optional for the employee.
- After Birth: A female employee must take leave for 8 weeks following the birth. She can return to work after 6 weeks if her doctor approves and she requests to do so.
- Maternity leave itself is not required to be paid by the employer under the LSA. However, employees enrolled in health insurance are eligible for a Maternity Allowance (出産手当金 - shussan teatekin) from their health insurance society, typically covering about two-thirds of their standard remuneration during this period.
Childcare Leave (Ikukyu)
- Both male and female employees are entitled to childcare leave until their child reaches the age of 1 year. This period can be extended up to 1 year and 6 months, or even 2 years, if certain conditions are met (e.g., difficulty finding childcare).
- Childcare leave is generally unpaid by the employer. However, employees are eligible for Childcare Leave Benefits (育児休業給付金 - ikuji kyūgyō kyūfukin) from employment insurance. The benefit rate is typically 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 - "Patakyu"): Since October 2022, fathers also have a specific entitlement to "Childbirth and Childcare Leave" (産後パパ育休 - sango papa ikukyu), separate from the standard childcare leave. This allows fathers to take up to 4 weeks of leave within 8 weeks of the child's birth. This leave can be taken in two installments and, importantly, allows employees to work partially during the leave period if agreed upon with the employer. Benefits from employment insurance are also available for this leave.
Adoption Leave
Employees who adopt a child are also entitled to childcare leave under similar conditions as biological parents, typically until the child reaches 1 year of age (with potential extensions).
Other Types of Leave
While not as universally standardized as annual or parental leave, other types of leave may be provided based on company policy, collective agreements, or specific legal requirements:
- Bereavement Leave (Condolence Leave): Many companies offer paid or unpaid leave for employees experiencing the death of a family member. The duration often depends on the relationship to the deceased.
- Marriage Leave: Some companies provide special paid leave for employees getting married.
- Jury Duty: Employees summoned for jury duty are typically granted leave, which may be paid or unpaid depending on company policy.
- Study Leave/Sabbatical: These are not legally mandated but may be offered by companies as an employee benefit for professional development or extended personal time.
- Leave for Public Duties: Employees are entitled to take necessary time off for public duties such as voting.
