Paternity leave in Japan provides eligible fathers up to 4 weeks of paid leave within the first 8 weeks after childbirth, as part of the broader childcare leave system under the Child Care and Family Care Act. The leave is paid through the Employment Insurance (EEI) system at 67% of the employee’s average daily wage.
This guide covers Japan’s paternity leave: the 4-week entitlement, how it fits within the childcare leave framework, the EEI payment system, eligibility conditions, and what employers need to manage.
Key takeaways
- Eligible fathers are entitled to 4 weeks of paternity leave within the first 8 weeks after the child’s birth.
- The leave is paid at 67% of the employee’s average daily wage through Employment Insurance (EEI).
- Paternity leave is a separate entitlement from standard childcare leave — fathers can take both.
- The father must apply to the employer at least 2 weeks before the intended start date.
- Employers with fewer than 50 employees may be exempt from granting leave, but the EEI payment still applies.
The 4-week paternity leave entitlement
Japan’s paternity leave is part of the Child Care and Family Care Act (育児休業・介護休業法), amended in 2022 to strengthen the paternity leave system. The leave gives fathers the right to take up to 4 weeks (28 days) of leave within the first 8 weeks after the child’s birth.
| Detail | Value |
|---|---|
| Duration | Up to 4 weeks (28 days) |
| Payment rate | 67% of average daily wage (EEI) |
| Window | Within 8 weeks from the child’s date of birth |
| Can be split | Yes, in up to 2 separate periods |
| Advance notice | At least 2 weeks before the intended start date |
| Employer size | Mandatory for employers with 50+ employees |
The 4 weeks can be taken in one continuous block or split into up to two separate periods. If split, each period must be at least one week. The total cannot exceed 28 days across both periods.
How paternity leave fits within the childcare leave system
Japan’s childcare leave system provides two distinct entitlements for fathers:
- Paternity leave (産後育児休業) — 4 weeks within the first 8 weeks after birth, paid at 67%.
- Standard childcare leave (育児休業) — up to 1 year (extendable to 2 years), paid at 67% for the first 180 days, then 50% thereafter.
These are separate entitlements. A father can take 4 weeks of paternity leave followed by standard childcare leave, effectively extending the total absence. The 67% payment rate applies to both entitlements for the first 180 days.
The distinction matters for employers managing payroll and staffing: paternity leave is a short-term right tied to the birth event, while standard childcare leave is a longer-term arrangement.
Employment Insurance (EEI) payment
Paternity leave in Japan is funded through the Employment Insurance (EEI, 雇用保険) system. The employer pays the employee’s salary during the leave and then claims reimbursement from the Hello Work (public employment security) office.
| Payment period | Rate | Basis |
|---|---|---|
| First 180 days of paternity leave | 67% | Average daily wage over the last 6 months |
| Beyond 180 days (if combined with childcare leave) | 50% | Average daily wage over the last 6 months |
The average daily wage is calculated from the employee’s earnings in the 6 months preceding the leave. This includes base salary, overtime, bonuses, and other regular payments. The daily wage is then multiplied by the 67% or 50% rate.
Employers are required to advance the payment to the employee and then claim the EEI reimbursement. Employers who fail to advance the payment create a liability to the employee and a compliance risk.
Eligibility criteria
To qualify for paternity leave, the father must meet the following conditions:
- Employment Insurance participant — the father must be enrolled in Employment Insurance.
- At least 6 months of continuous service — the father must have been employed by the same employer for at least 6 months at the time of the leave application.
- Employer size — mandatory for employers with 50 or more employees. Employers with fewer than 50 employees are encouraged but not required to grant paternity leave.
- Application within the window — the father must apply at least 2 weeks before the intended start date.
- Child’s date of birth — the leave must be taken within 8 weeks from the birth.
The 6-month service requirement applies at the point of application, not at the time of the child’s birth. Fathers who change jobs close to the birth may find they do not meet the threshold.
Application process
The process is employer-initiated:
- Father submits the application — at least 2 weeks before the intended start date, specifying the dates of the leave.
- Employer reviews the application — the employer cannot refuse a valid application if the employee meets the criteria.
- Employer records the leave — enter the leave in the payroll and HR system.
- Employer pays the employee — salary during the leave is advanced by the employer.
- Employer claims EEI reimbursement — submit the claim to the Hello Work office.
The employer cannot unreasonably delay the application process. Where the employer has a childcare leave agreement system in place, the application can be streamlined.
Employer obligations
Japanese employers have six core obligations:
- Grant paternity leave when the employee meets the eligibility criteria and has applied within the required timeframe.
- Advance the EEI payment — pay the employee’s salary during the leave and claim reimbursement from Hello Work.
- Protect employment — the employee’s position, salary, and benefits must be maintained during the leave.
- Not dismiss or disadvantage the employee because of the leave — dismissal during or shortly after paternity leave is presumed retaliatory.
- Report to the Labour Standards Inspection Office — employers must report on the status of paternity and childcare leave usage.
- Set the terms — establish and publicise internal rules on paternity leave, including application procedures.
Employers with 1,000 or more employees are additionally required to publish annual targets for paternity leave usage and report on progress toward those targets.
Worked example
Tanaka-san is an employee at a manufacturing company with 200 employees. His wife gives birth on 1 April 2026. Tanaka-san applies for 4 weeks of paternity leave starting 1 April and ending 28 April.
- He has 2 years of continuous service and is enrolled in Employment Insurance.
- His average daily wage over the last 6 months is ¥15,000.
- His daily paternity leave payment is ¥15,000 × 67% = ¥10,050.
- Over 28 days, his total paternity leave payment is ¥10,050 × 28 = ¥281,400.
- His employer advances this amount and claims EEI reimbursement from Hello Work.
- After 28 April, Tanaka-san applies for standard childcare leave for the next 10 months.
Common pitfalls
1. Assuming the leave cannot be split
The 4 weeks can be split into two periods, each at least one week. This flexibility allows fathers to take leave around the birth and again later in the 8-week window.
2. Not applying early enough
The 2-week advance notice requirement is strict. Fathers who apply less than 2 weeks before the intended start date risk the employer refusing the application on procedural grounds.
3. Failing to advance the EEI payment
The employer must pay the employee during the leave and claim reimbursement afterward. Not advancing the payment breaches the employer’s obligation and creates a claim by the employee.
4. Dismissing an employee during or after paternity leave
Dismissal during or within a specified period after paternity leave is presumed retaliatory under Japanese labour law. The employer bears the burden of proving the dismissal was for a legitimate, unrelated reason.
Frequently asked questions
How long is paternity leave in Japan?
Eligible fathers can take up to 4 weeks (28 days) of paternity leave within the first 8 weeks after the child’s birth.
Is paternity leave paid in Japan?
Yes. Paternity leave is paid at 67% of the employee’s average daily wage through the Employment Insurance (EEI) system for the first 180 days.
Can fathers take paternity leave and childcare leave?
Yes. Paternity leave and standard childcare leave are separate entitlements. A father can take 4 weeks of paternity leave followed by up to 1 year (or 2 years) of childcare leave.
What if the employer has fewer than 50 employees?
Employers with fewer than 50 employees are not required to grant paternity leave, but the EEI payment still applies if the father meets the eligibility criteria. Employers are encouraged to grant the leave voluntarily.
How is the average daily wage calculated?
The average daily wage is based on the employee’s total earnings in the 6 months before the leave, divided by 180 days. It includes base salary, overtime, bonuses, and other regular payments.
For more context, see our guide to types of leave and absence management.
Managing paternity leave alongside childcare leave, EEI reimbursement claims, and compliance reporting is complex. A leave management system built for multi-country compliance keeps the paperwork under control.
Sources
- Child Care and Family Care Act (育児休業・介護休業法) (primary source)
- Ministry of Health, Labour and Welfare — Paternity Leave (government)
- Japan Employment Insurance (EEI) (government)
Last updated: 26 July 2026. This article is general information, not legal advice. Confirm current entitlements with the Ministry of Health, Labour and Welfare or a qualified Japanese employment lawyer.