Japan is one of a small number of countries with menstrual leave in statute, and has had it since the Labour Standards Act of 1947. Article 68 says that when a woman for whom work during menstruation is especially difficult asks for leave, the employer must not make her work on those days. There is no cap on the number of days, and the leave can be taken by the day, the half day or the hour.
The law sets the right, not the pay. Whether the leave is paid is for the work rules or the employment contract. Many employers treat it as unpaid; some pay a set number of days. The ministry's guidance is that employers should not demand strict proof, such as a doctor's certificate; a simple confirmation is enough. Refusing a valid request is an offence under Article 120 of the Act, punishable by a fine of up to 300,000 yen.
Use is very low. In the Ministry of Health, Labour and Welfare's Basic Survey on Equal Employment, the share of female employees who requested menstrual leave fell from 3.3% in FY1997 to 0.9% in FY2020. Surveys point to reluctance to tell a male manager, the sense that nobody else uses it, and the name itself. Some companies have renamed it or folded it into a broader health leave, and interest in support for menopause and other women's health issues is growing alongside it.
What it means for a foreign employer
- It must be in the work rules. Even if your global policy has nothing like it, your Japanese entity must provide it and describe it.
- Decide on pay and say so. Paying a few days a year costs little and removes one reason people do not use it.
- Make it easy to ask. Allowing requests through HR or a system rather than through a line manager, and using a neutral name, increases use.
- It is part of the women's health conversation. Candidates, particularly senior women, increasingly ask about menstrual, fertility and menopause support. It belongs in your benefits story.
Sources
- Labour Standards Act, Articles 68 and 120.
- Ministry of Health, Labour and Welfare, Basic Survey on Equal Employment, FY2020.
- Gender Equality Bureau, Cabinet Office, White Paper on Gender Equality 2024, column on international comparison of menstrual leave.