Return to work 復職

Coming back from a leave of absence, especially sick leave for mental health, and the employer's duties around it. Also written fukushoku, return from leave of absence, shokuba fukki.

Most Japanese employers offer a leave of absence for illness or injury not caused by work, known as kyushoku. It is not required by law, so the length, pay and rules are set in the work rules. Typically the employee first uses paid leave and sick days, then moves onto unpaid leave, during which health insurance pays an injury and sickness allowance. Many work rules provide that if the employee cannot return by the end of the leave period, employment ends automatically as a retirement rather than a dismissal.

That makes the return decision the point of dispute. The employee's own doctor usually certifies fitness, but the employer can ask the company's occupational physician for an opinion and can require a medical examination under the work rules. The Ministry of Health, Labour and Welfare's guide on returning to work after mental health leave, first published in 2004 and revised since, sets out a five-step process: care during leave, a fitness judgement, a return plan, the return decision and follow-up. Many employers use trial attendance or reduced hours at the start.

Courts have set a demanding standard for employers. In the Katayama-gumi case of 1998, the Supreme Court held that where a contract does not limit the employee to a specific job, an employee who cannot do their old work but can do other work the employer could realistically assign is offering proper performance. Treating such an employee as unfit, and letting the leave expire, risks a finding that the termination was invalid.

Return from childcare leave is governed separately: the employee must not be disadvantaged for having taken the leave.

What it means for a foreign employer

Sources

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General information for employers, not legal advice. Thresholds and dates are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.