I (not a U.S. citizen) work at a U.S. company, but I’m based in Japan. I work pretty much 100% remote apart from a few days in the year where I have to go out and do sales in person. My company does not offer paternity leave, as is apparently somewhat common in the US.
I am currently signed up to Japanese unemployment insurance, shakai hoken and nenkin and am paid in Japanese yen etc. We have an office in Japan and pay Japanese taxes etc. My CEO said that he wants to make sure we follow Japanese law strictly as he can.
So my question is, is there a way for me to get paternity leave under Japanese law? I don’t even want that much time, just a couple a of weeks is enough.
At the current rate I’m going to be forced to use my leave to take off time after my baby is born in July.
EDIT: thanks for the responses from everyone. It seems like I’m entitled to leave and the compensation is provided through my insurance. Much appreciated!
7 comments
Yes, you live in Japan and work for a 日本法人.
You have and are entitled to paternity leave.
The US company should have set up a subsidiary company in Japan which requires all Japanese laws to be followed, including Shakai hoken, taxes etc. Paternity leave should be offered the same in that sense.
You work for a Japan branch of a mostly US-based company. Right? So Japanese labor law applies.
As always, don’t rely on HR for advice on labor law. They might not know, they might pretend not to know, they might not care, whatever, meh.
I suppose your official employer is the Japanese entity, so yes you have the right to take the paternity leave. (Otherwise I’m not sure)
I believe it’s currently 4 weeks within the first 8 weeks, which can be split into 2 blocks. Then there’s child care leave that you should be able to take as well.
If your company has an entity in japan, they probably have some contract with a Japanese lawyer or HR firm or something that knows the labour laws of Japan. Seems likely if you’re signed up to the shakai hoken etc.
If you have been employed and signed up to/paying unemployment insurance, etc. for **at least one year at the same company**, you are entitled to paternity leave. You should be able to take and get paid for a full year (more in some cases).
Keep in mind you do not get full wages during this leave, and after six months the rate drops further.
https://thetokyolife.jp/childcare-leave-and-benefits-in-japan/
Do you fulfill the requirements?
Okay, this can be very confusing, but as a rule of thumb world governments don’t like it when foreign companies try to start operating in their country without actually registering their company in the host country. It does happen sometimes, but it causes all sorts of jurisdictional issues and when the CEO breaks the law but is sitting in a foreign country ten thousand miles away it causes headaches for the host country. Also the home countries don’t like it much. The US government has some pretty strict laws about who can work in the USA, and even if you’re not physically present in the USA if you’re working directly for a US company this becomes legally very sticky.
As a result I’m prepared to bet a shiny 1 yen that you don’t actually work for a US company at all. Let me explain. What has probably happened is that the US company has registered a **new and legally separate** company in Japan. It may be named something very similar, like “US Company Japan” and you may think it is just an “office” of the US company. It isn’t. It is a **completely legally separate entity**. Legally speaking this company may happen to share a name with the US company, it may even be wholly owned by the US company, it may even pay the US company for the rights to use that name, but **it is not the same company**.
Your CEO? If they’re the CEO of the Japanese company then they’re actually **your** CEO. If they’re the CEO of the US company? They’re not **your** CEO at all (legally speaking). They’re the CEO of a company in the USA that happens to share a similar name.
Pull out your contract and read it carefully. Look at the name of the entity that employs you. Chances are it looks like the US company name with just “Japan” slapped at the end. Now look up that company. Where is it registered? Chances are nearly 100% that it is a Japanese company.
So, here’s the bottom line. You work for a Japanese company. You’re paid in yen. You pay taxes in Japan. You are signed up for Japanese social insurance, health insurance, etc. You are working for a Japanese company. What your CEO says about following Japanese laws as ” strictly as he can”? It’s nonsense. Chances are he’s not **your CEO** at all. He’s the CEO of a totally different company in a totally different country. That’s why he’s speaking like this, because he has precisely zero legal liability and he knows it.
What matters is that the company in Japan (and whoever is registered as the CEO of the company in Japan) is going to be legally liable if the company breaks the law. The CEO of that completely different company in the USA? They have zero legal liability, and zero legal authority over you.
These companies are completely separate legally speaking.
Where does that leave you regarding paternity leave? You work for a Japanese company. That company and its officers are bound by Japanese law. Japanese law allows you paternity leave. It also allows you a bunch of other stuff, so read up on your rights as someone employed by a Japanese company and don’t let them bamboozle you with this international shell game.
The key point here is that, by all indications, you don’t work for a US company. Again though, double-check your contract and look closely at the name of the entity that employs you. If necessary consult with a labour lawyer in Japan – many of them will give a free consultation. They’ll clear this up for you, but the key take-home point here is that just because a company shares a name that looks very similar doesn’t mean that it is the same **legal entity**, and legally speaking this is the important thing.
Uh, you’re entitled to a year of paternity leave mate.