"I have never taken a paid day off in two years." This is something many foreign workers in Japan say — not because they don't want to take leave, but because they don't know they are legally entitled to it, or because their employer discourages them from asking.
Japan's Labor Standards Act (労働基準法, Article 39) guarantees annual paid leave (年次有給休暇, nenkyu) to all workers regardless of nationality or visa type. Whether you work on a Specified Skilled Worker visa, a work visa, or any other status, you have the same rights as Japanese employees. If your employer is not giving you paid leave, they are violating Japanese law.
This article explains how many days you are entitled to, how the entitlement builds up over time, how to properly request leave, what your employer can and cannot do, and what happens to unused leave when you resign.
For a broader overview of your workplace rights, see our article on foreign worker rights in Japan.
What Is Annual Paid Leave in Japan?
Annual paid leave (年次有給休暇) is a legally guaranteed benefit under Article 39 of Japan's Labor Standards Act. On a paid leave day, you take the day off from work and receive your normal wages as if you had worked. There is no deduction from your salary.
Paid leave is separate from sick leave, public holidays, and company-specific rest days. It is a right you accumulate over time based on your length of service and attendance rate.
Key principle: Paid leave in Japan is a legal right, not a favor granted by your employer. You do not need to give a reason for taking paid leave — it is yours to use for any purpose: travel, rest, illness, personal matters, or anything else.
How Many Days Are You Entitled To?
Your paid leave entitlement depends on how long you have worked continuously at the same employer and your attendance rate. You must have worked at least 80% of your scheduled working days during each period to receive the full entitlement for that year.
| Continuous Employment | Days Granted |
|---|---|
| 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 (maximum) |
These are the legal minimums. Your employer may grant more days than required by law — check your employment contract or company rules (就業規則). If your employer grants fewer than the legal minimum, that is a violation of the Labor Standards Act.
Carry-Over Rule
Unused paid leave does not disappear at the end of the year. You can carry unused days over to the following year. However, the maximum carry-over period is 2 years from the date the leave was granted. Days older than 2 years expire and cannot be used.
In practice: if you receive 10 days at your 6-month mark and don't use any, those 10 days will expire at your 2-year 6-month mark. New days granted at the 1-year 6-month mark get their own 2-year expiry clock.
Part-Time and Short-Hour Workers
Part-time workers who work fewer days per week than full-time employees receive a proportionally reduced paid leave entitlement. The rules are based on your contracted weekly working days.
| Weekly Working Days | After 6 months | After 3.5 years | After 6.5+ years |
|---|---|---|---|
| 5 days or more (full-time) | 10 days | 14 days | 20 days |
| 4 days | 7 days | 10 days | 15 days |
| 3 days | 5 days | 8 days | 11 days |
| 2 days | 3 days | 4 days | 7 days |
| 1 day | 1 day | 2 days | 3 days |
Note: If you work 5 or more days per week (even part-time by hours), you receive the same entitlement as a full-time employee. It is the number of days per week, not hours, that determines your entitlement under this proportional rule.
How to Request Paid Leave
The process is simple. You do not need to justify why you want to take leave. Here is how to do it correctly.
Check your remaining balance
Your payslip (給与明細) may show your remaining paid leave balance, or you can ask your HR department or employer. You are legally entitled to know how many days you have available.
Submit your request in advance
Most companies require you to submit a leave application (有給休暇申請書) a certain number of days in advance — typically 3 to 7 days, though this varies. Check your company's rules. If no rule exists, a few days' notice is generally considered appropriate. You do not need to state a reason.
Record the request in writing or via the official system
If your company uses an HR system or app, submit there. If not, submit a written form or send an email. Keep a record of your submission. This protects you if a dispute arises later about whether you requested leave properly.
Confirm approval
In most cases, approval is a formality. If your employer says anything that sounds like a refusal or discourages you from taking leave, note the date and what was said. If leave is genuinely denied without a valid reason, this can be reported to the Labor Standards Inspection Office (労基署).
Can Your Employer Refuse?
Your employer cannot refuse your paid leave outright. However, the Labor Standards Act does give employers one limited right: the right to change the timing of leave (時季変更権).
What Is 時季変更権 (the Right to Change Timing)?
If granting paid leave on the specific dates you requested would cause significant disruption to normal business operations (正常な事業の運営を妨げる), your employer may ask you to shift the dates. They must propose alternative dates. They cannot simply deny the leave without offering an alternative.
This right is interpreted strictly by Japanese courts and the Ministry of Health, Labour and Welfare. Simply being understaffed, or it being a busy season, is generally not sufficient justification for refusing leave. The standard is "genuine operational necessity."
What employers CANNOT do:
- Refuse paid leave without proposing alternative dates
- Require you to give a reason for taking paid leave
- Punish, demote, or threaten workers who take paid leave
- Pressure you to "voluntarily" cancel approved leave
- Grant fewer days than the legal minimum
The Mandatory 5-Day Rule (Since 2019)
Since April 2019, Japanese law requires employers to ensure that workers who have 10 or more days of paid leave entitlement actually take at least 5 days per year. This is not optional — it is a legal obligation on the employer.
What this means for you: If you have 10+ days of paid leave entitlement and your employer has not arranged for you to take at least 5 days in the year, they are violating the law. The employer is required to proactively schedule leave if the worker has not taken it spontaneously. An employer who fails to comply can be fined up to ¥300,000 per affected worker.
In practice, this means that even if your employer's culture discourages taking leave, they are legally obligated to ensure you get your 5 minimum days. If they ask you when you'd like to schedule these days, this is required by law — it is not optional consultation.
Is Your Employer Not Giving You Paid Leave?
If your employer is denying paid leave, pressuring you not to take it, or simply not informing you of your entitlement, this is a violation of Japanese law. TreeGlobalPartners can help you find a new employer who respects your rights. Our job placement service is completely free for workers.
Find a Law-Abiding Employer →What Happens to Unused Leave When You Quit?
This is one of the most commonly misunderstood points about paid leave in Japan.
You Can Take All Remaining Leave Before Your Last Day
You have the full right to use all your remaining paid leave days before your employment ends. For example, if you plan to resign effective May 31 and have 12 remaining paid days, you can submit your resignation and schedule all 12 days of leave in your final weeks. Your employer's right to change timing (時季変更権) is extremely limited once you have submitted a resignation, because there is no "later date" to shift leave to.
Cash Payout of Unused Leave Is Not Required by Law
Under the Labor Standards Act, employers are not required to pay out unused paid leave in cash when you resign. The assumption is that you will take the days before leaving. However, if your employment contract or company rules (就業規則) explicitly state that unused leave will be paid out, then the employer must honor that.
In practice, many workers and employers agree to a cash settlement of unused leave days as a practical convenience. This is permissible. But if your employer simply tells you that unused leave "disappears" with no option to take it or receive cash — you should negotiate, and if necessary, consult the Labor Standards Inspection Office.
Practical advice: If you are planning to resign, calculate your remaining leave balance and submit your resignation with enough notice to use all your remaining days. For example, if you have 10 remaining leave days and want to resign, give at least 10 working days plus your company's standard notice period as notice. This lets you take all leave legally before your last day.
Paid Leave for SSW and Other Visa Holders
Specified Skilled Workers (特定技能, SSW) are employed under standard Japanese employment contracts and have the exact same paid leave rights as Japanese workers. There is no separate or reduced entitlement for SSW holders — the Labor Standards Act applies equally.
The same applies to workers on Technical Intern Training visas (技能実習), work visas (就労ビザ), and any other status. Your visa type does not affect your paid leave entitlement.
Common issue for SSW workers: Some SSW workers come through a registered support organization or an industry association and may be working at a company that does not clearly communicate leave entitlements. If you are unsure of your paid leave balance, you have the right to ask your employer or HR directly. They are required to tell you.
If you change employers (job change / 転職) as an SSW holder, your paid leave entitlement at the new employer starts from zero — the carry-over of leave days between employers is not legally required. However, the new employer must apply the accrual schedule above from your start date.
Frequently Asked Questions
Summary
- All workers in Japan are entitled to paid annual leave (年次有給休暇) under Article 39 of the Labor Standards Act — regardless of nationality or visa type
- Entitlement starts after 6 months of continuous employment with 80%+ attendance: 10 days initially, increasing to 20 days maximum after 6.5 years
- Part-time workers working fewer than 5 days/week receive proportionally fewer days based on their contracted days per week
- Unused leave carries over for up to 2 years from the grant date; days older than 2 years expire
- You don't need to give a reason for taking paid leave — it is your legal right
- Employers cannot refuse outright; they may only request a change in timing (時季変更権) if operationally necessary, and must propose alternative dates
- Since 2019, employers must ensure workers with 10+ days entitlement take at least 5 days per year — failure is punishable by a fine of up to ¥300,000 per worker
- Before resigning, you can use all remaining paid leave; cash payout is not legally required unless your contract says so
- SSW and all other visa holders have identical paid leave rights to Japanese employees
Paid leave is one of the most commonly neglected rights among foreign workers in Japan — often because workers don't know they have it, or feel social pressure not to use it. You have earned these days through your work. Don't let them go unused.
Looking for an Employer Who Respects Your Rights?
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Disclaimer: Information in this article is accurate as of April 2026 and is based on Japan's Labor Standards Act and related regulations as currently in force. Laws and enforcement practices are subject to change. For the most current information, consult the Ministry of Health, Labour and Welfare (厚生労働省) or a qualified labor specialist (社会保険労務士 / 弁護士).
This article is for general informational purposes only and does not constitute legal advice. Individual circumstances vary — please seek professional guidance for your specific case.