🤝 Workplace Know-How
How to Take Paid Leave — and What to Do If You're Refused
Making sure you actually use a right the law protects
📖 6 min read📅 2026-07-02
"Taking paid leave? Not in this atmosphere." Those words kept circling in her head.
Dewi (24) from Yogyakarta, Indonesia was in her 9th month at the company. One night in spring 2024, she sat staring at a message from a friend back home: "I'm getting married — can you come?" Dewi held her phone for a long time, unable to reply.
She had told her boss she wanted to take paid leave — exactly once. "We're in our busy season right now," he said, and she let it drop. Four months passed without her finding the right moment to bring it up again.
Under Japanese law, paid leave is something a company "must grant" (Labor Standards Act, Article 39). An atmosphere that makes it "hard to take" has no legal relevance. 10 days at 6 months of employment, 11 days at 1 year 6 months, 12 days at 2 years 6 months — this right accrues automatically.
But in reality, many foreign workers say "I was refused" or "I can't bring it up." If you know the right procedure, you're less likely to be refused — and you'll know what to do if you are.
Paid leave is a worker's right established by Article 39 of the Labor Standards Act. A company has a "right to change the timing" (asking you to move your leave out of a busy period), but no "right to refuse." Use the checklist below to confirm the right way to request leave — and what to do when you're turned down.
01.Check whether your paid leave has accrued
Under Article 39 of the Labor Standards Act, **10 days of paid leave accrue 6 months after joining** (if you work 30+ hours and 5+ days per week). After that, days increase with tenure: 11 days at 1.5 years, 12 at 2.5 years, 14 at 3.5 years, 16 at 4.5 years, 18 at 5.5 years, and 20 at 6.5 years or more. You can check your balance on your payslip, in the company work rules, or on your working conditions notice.
02.Apply 2 weeks to 1 month before the date you want
There's no legal obligation to apply early, but **applying 2 weeks to 1 month ahead is the established workplace etiquette**. The usual flow is to mention it verbally, then submit a request form (your company's format). Just saying "I'd like to take paid leave on [date] — would that be all right?" is enough.
03.If asked for a reason: "personal matters" is enough
You have no obligation to tell your company why you're taking paid leave (under the Labor Standards Act). "For personal matters" or "for a personal errand" is sufficient. If they say "we need the details," that demand is itself legally problematic.
04.Told "this is our busy season"? Check the time-change right
A company has the right to ask you to move your leave out of a busy period (jiki henko ken — the right to change timing). But it's not a "right to refuse" — only a "right to request a different day." If you're told "not this day," ask them to propose an alternative date and get it confirmed in writing. The key question to ask is: "Then when would work?"
05.If you keep getting refused: keep records and consult outside
Keep a record of every request (date, how you applied, and your boss's exact response). Repeated refusals without a clear reason may constitute **obstruction of paid leave by the company (a violation of the Labor Standards Act)**. Consult your local Labor Standards Inspection Office or the Yorisoi Hotline. Anonymous consultation is possible.
06.Use the "mandatory 5 days" rule
Since April 2019, for workers who accrue 10 or more days of paid leave per year, **the company is legally required to make sure at least 5 days are actually taken** (Labor Standards Act, Article 39, Paragraph 7). The company can also designate dates for you. If you're short of 5 days near the end of the year, the company may tell you "please use your paid leave" — that's a legal and legitimate system.
07.When resigning: you can negotiate a payout for unused days
For paid leave remaining when you resign, the options are to "use it all before your last day" or, "if the company agrees, have it bought out (one day's wage × remaining days)." Tell them you want to use your remaining leave at the same time you give notice. It's legally difficult for a company to refuse a paid leave request before resignation. Note: a buyout requires the company's agreement — it is not a legal obligation.
Dewi later used this list and resubmitted her request 1 month in advance. Her boss asked her to "schedule it around the busy season," she shifted it by a week, and took her leave without any trouble. "I should have just asked the right way from the start," she said. For paid leave disputes, you can consult the Labor Standards Inspection Office (free, anonymous OK).
