How do I quit my job and use the rest of my earned Paid Leave

9 comments

1. Lock the leaves then resign; if they ask you to change the plan, tell them you are burned out and you have to take care of yourself

2. Yes very easy and common. Typically a business can sometimes, very rarely, refuse a paid leave request based on business needs/disruptions. However even this rare exception is not applicable when you are quitting a job. Meaning legally there is absolutely zero way for them to deny your paid leave request.

   If you feel your boss is reasonable just talk to him about it first then go from there. If you want to go scorched earth it’s been real it’s been cool but it hasn’t be real cool, just lay it all in writing in an email to HR and your boss, and bcc your personal email account.

   The internet has tons of advice on this. Quick search:

   https://employment.en-japan.com/tenshoku-daijiten/41768/#i-8

   その１：退職前、有給休暇を使わせてもらえなかった…
   転職活動で無事に内定をもらい、退職の意向を上司に伝えたAさん。有給消化についても相談したところ、上司からは「退職する社員は有給消化しないのが、うちの慣習だから」「これまで誰も消化した人はいない」などと言われました。

   「有給休暇の取得は権利ですよね？」と食い下がったものの「辞めることで会社に迷惑をかけるのに、有給休暇まで消化しようとするのは非常識だ」とまで言われてしまいます。結局Aさんは、有給消化を泣く泣く諦め、最終日まで勤務を続けました…。

   ▼この場合、どうすればよかったの？
   Aさんのようなケースは、残念ながら未だに多発しているようです。この他にも「会社の規定で退職時の有給消化はできない」「経理の締め日が過ぎてしまっているから、受理できない」など、いろいろと理由をつけて拒否されることがあります。

   いかなる理由をつけようとも、会社が従業員からの有給申請を拒否すれば、労働基準法第39条の違反です。では、Aさんの場合、どのように対処すれば良かったのでしょうか？

   ＞＞まずは人事に申請を！
   相談・申請する相手を、上司から会社の人事部へと変えましょう。Aさんの場合、直属の上司への相談にとどまっていました。この場合、上司はAさんが有給消化をすることによって「周囲から、部下をおさめることができない上司とみなされる」「仕事が滞る」などのデメリットが大きい立場にあります。

   一方で人事部は、当事者から離れた位置にいるため、客観的に物事を判断してくれるでしょう。法律や労務にも詳しいため、上司の言い分が違法であることもわかると思います。

   ＞＞それでもダメなら労働基準監督署に相談を！
   人事部からも拒否されたという場合、会社として法律を守る意識がないと言えます。その場合は、各市町村に設置されている労働基準監督署へ相談しましょう。

   または「労働基準監督署に相談させてもらいます」と人事部に伝えるだけでも効果があるはずです。就業規則や事実確認などの調査が入る場合があるため、会社としても圧力を感じ、申請が受理される可能性が大きくなります。

   (Pop it into deepl if you can’t read Japanese)

3. > Is it possible to say I quit XX day, 35 days out, say from May 20th till June 24th and use my remaining paid leave t to get paid?

   Yes, it’s common and expected. If they aren’t happy with it, talk to the labor standards office.

4. Put in your 2-4 weeks notice. In the notice letter put your last date of work as the end of the notice + 35 days. ie help with tasks until end of the month, and last official date of working at +35 days from there.

   That is if these are truly paid leave days (some places split sick vs pay leave). Some companys though will want you out the door and can pay them up front to just get rid of you.

5. I just say, “my last working day will be X and then I will be using leave until Y”. Never failed so far, just make sure it’s in writing.

6. Get the leaves first, tell them that it’s due to mental fatigue or even lie about a family matter if necessary. Then, give your notice while on leave.

   They shouldn’t be surprised it’s coming.

7. The law says you give 2 weeks notice, so any longer is not needed anyway. However, some companies have longer times in their constitutions, but even then 2 weeks is applied. Now it depends, on what kind of relation you have with your current employer and when is your starting date for your new job.

   Lets say you have a good relationship and the company is in a good shape, which is not the case here due to the company going down hill and the bad management:

   1) Let’s say, your job starts in July so there is not so much days left after taking out all weekends to use your paid leave, so say it as fast as possible. There is no law about paying out paid leave, so best is to take it, when you can.

   2) If you need to prepare some documents to the person, who will be in charge for your parts and if you have good intentions, prepare that and help with the transition.

   I for myself left a job and also moved after leaving, so I took a few days before to settle some things, worked shortly to make the transitions and took the rest at the end of the month.

   Just, wondering, as you still have 35 days left and no day left in over a year (which i really doubt as the company should get some punishment if not at least 5 days off. Even if that punishment is just a talk about doing it better next time). Basically since 2019 if you do not take at least 5 days they need to give you 5 days off:

   [https://jsite.mhlw.go.jp/tokyo-roudoukyoku/content/contents/000453740.pdf](https://jsite.mhlw.go.jp/tokyo-roudoukyoku/content/contents/000453740.pdf)

   Anyway, this should concern you in your next job.

   ​

   Just two important advice:

   First, please say your last day will be the last day of the month!

   If you make the last date one day before the end of the month you have to pay for the health insurance unless you are starting your job still in the same month in your new company.

   For example (already over), you end your job in April this year, and did not consider the weekend of 29th and 30th in and said to your employer, my last day is the 28th they sometimes take this literally to just not pay the health insurance part (because their accountants/hr know well about this).

   And secondly make it in writing!

   For example use this page to enter all information and generate a PDF:

   [https://good-bye.biz/autoformat/vertical/](https://good-bye.biz/autoformat/vertical/)

   Be careful, if you are using western letters in can look weird, maybe use the wording and put it into a word document and print or sent via mail.

   By the way, please use the word 退職届 (taishoku todoke) as in the link given as there is also 退職願 (taishoku negai), which can be rejected but the todoke is set in Article 627 if the Minpo that you can end an employment by one side without the need to ask to after a specific time working for them.

   And if you do not trust them and you are usually not going to the office send a signed and tracked letter to the office so you have a proof it arrived.

8. Be aware, while on leave you’re still employed by that company so taking another job while on leave could be a problem.Some employers will pay out remaining paid leave when a worker quits so you might want to consider that as well.

9. Pick the date you want to leave after using your vacation days. Send an email to your direct manager stating the following and be sure to cc your personal email address.

   Dear XXXXX.

   I hope all is well.

   I have decided that I will be leaving the company due to personal reasons. My last day in the office will be on (date)

   I would like to thank you very much for my time here as I thoroughly enjoyed working for (company name)

   Again thank you very much for your guidance as I feel I’ve learned a lot at (company name) and I wish everyone all the best.

   Thank you and have a nice day.
   Kind regards,

   Your name.

   ​

   After this they most likely will try to push you out on the day so they don’t have to pay for your vacation days. Stand your ground and let me know that you have already chosen your departure date and stay as professional as possible and do your best not to burn any bridges.

   Hope this helps.