Japan Work Visa: Managing Long-Term Medical Leave, Injury, and Renewals

This article is written by a Japanese local.

When employing foreign nationals, there are cases where an employee is forced to take long-term medical leave or be hospitalized for several months due to a workplace accident (worker’s compensation) or unexpected serious illness. At this time, the primary concern for both the company’s HR representative and the employee is whether the current Japan work visa (status of residence) will be revoked and whether the next visa renewal will be possible.

This article explains the legal impact that a leave of absence has on a visa and the objective proof approaches companies must prepare to avoid denial risks and legally maintain and renew the status of residence.

1. The “3-Month Rule” in the Immigration Act and Proving Justifiable Grounds

Article 22-4 of the Immigration Control and Refugee Recognition Act stipulates that “a status of residence may be revoked if the foreign national has failed to engage in their original activities (such as working) for three months or more without a justifiable reason.” However, hospitalization or a leave of absence for the medical treatment of an injury or illness caused by a workplace accident is legally recognized as a clear “justifiable reason.”

Therefore, a visa will not be suddenly revoked and result in deportation simply because the leave period exceeds three months. However, the fundamental prerequisite is to maintain a state where you can prove to the Immigration Services Agency with objective medical records and company certificates that “the reason the employee is not working is due to the justifiable grounds of medical treatment.”

2. Legal Differences Between “Workplace Injury” and “Private Illness”

Japanese labor standards and social insurance systems apply fully to foreign employees as well. The actions a company must take differ significantly depending on whether the cause of the leave is work-related or non-work-related.

In the Case of a Work-Related Injury or Illness (Worker’s Compensation)

Under Article 19 of the Labor Standards Act, dismissing an employee during a period of medical treatment for a work-related injury or illness and for 30 days thereafter is strictly prohibited. Hasty actions such as “asking them to quit before their visa expires because they cannot work” constitute unfair dismissal and result in severe compliance violations. The company has an obligation to promptly process the “Leave Compensation Benefits” under the worker’s compensation insurance and support the employee’s treatment.

In the Case of a Non-Work-Related Injury or Illness (Private Illness)

For illnesses or injuries outside of work, the “leave period” defined in the company’s rules of employment applies. The employee will undergo treatment while receiving “Injury and Sickness Allowance” from health insurance. If they cannot return to work even after the leave period expires, it generally results in “automatic resignation (or dismissal)” in accordance with the employment rules. In the event of resignation, the countdown for the Immigration Act’s “3-month rule” effectively starts from that point, so the individual must consider returning to their home country or changing to another status of residence.

3. “Proof of Reinstatement” to Pass the Visa Renewal Screening

The biggest hurdle arises if the “visa renewal timing (expiration date of the period of stay)” occurs during the leave of absence. Since the screening takes place while the employee is not working and their earned income is significantly reduced, you must logically prove the “stability of livelihood” and the “certainty of return to work” by preparing the following documents.

• Medical Certificate from a Doctor: A detailed document clearly stating the current medical condition and the expected timing when working will become possible in the future.
• Leave of Absence Certificate Issued by the Company: A document proving that the company officially recognizes the leave and that the employment contract is continuing.
• Proof of Public Benefit Receipt: Notice of decision to grant leave compensation benefits for worker’s compensation, or injury and sickness allowance from health insurance. (Proof that the financial foundation is maintained during the leave).
• Return-to-Work Plan: A specific plan outlining when and in what capacity (including accommodations like shortened hours if necessary) the employee will return to work after treatment ends.

If the medical certificate indicates that “there is no prospect of recovery and the timing of return is completely undetermined,” renewing the work visa becomes extremely difficult. Visa renewals for foreign employees on medical leave are judged by stricter standards than normal screenings, so thorough preparation of objective evidentiary documents at an early stage is indispensable.

4. The Often-Overlooked Ripple Effect on “Dependent Visas”

If the foreign employee on leave has an accompanying spouse or children (Dependent Visa), there is a crucial point of caution.

Just because the primary earner is hospitalized and income has decreased, it is illegal for the spouse to work part-time beyond the “28 hours per week” limit to earn living expenses. If a violation of the permit to engage in activity other than that permitted (overworking) occurs, the visas of all family members will be denied at the next renewal, forcing them to return to their home country all at once. Companies are required to correctly inform not only the employee but also their family about the legal boundaries for maintaining their livelihood.

Long-term medical leave for a foreign employee is a delicate matter where labor laws and immigration laws intricately intertwine. To thoroughly protect the workers you have committed to hiring, ensure an accurate understanding of the facts and implement a highly transparent documentation process with the Immigration Services Agency.