When a foreign employee takes a long-term leave of absence due to mental health issues (such as depression or adjustment disorder) or personal reasons, many corporate HR departments assume, “The employment contract is still active, and social insurance premiums are being paid, so their Japan work visa should be fine.”
Under the Immigration Control Act, this is an extremely dangerous misconception. A Japan work visa (such as Engineer/Specialist in Humanities/International Services) is not granted merely to be registered with a company, but on the premise of “actually working.” This article explains the “visa cancellation risk” triggered by a leave of absence and the cold, accurate legal responses companies must take.
1. The 3-Month Time Limit: The Terror of Visa Cancellation
The Immigration Control Act contains a strict rule (Article 22-4, Paragraph 1, Item 6): “If a person fails to engage in the activities permitted under their current visa for three months or more without a justifiable reason, their status of residence may be canceled.”
Even if the employment contract exists, not going to the office and not performing “working activities” for more than three months legally makes them a target for visa cancellation. Once the leave exceeds three months, the foreign employee is placed in an extremely unstable legal position where their visa could be revoked and they could be deported at any time.
2. Is Depression (Medical Treatment) a “Justifiable Reason”?
So, is a leave of absence due to illness recognized as a “justifiable reason”?
- With a Medical Certificate: If the leave is for “recuperation under a doctor’s orders” due to depression or injury, and there is a “prospect of returning to work,” it is considered a justifiable reason, making immediate visa cancellation unlikely.
- For Personal Reasons or “Refreshment”: A leave of absence without clear medical grounds, such as “taking a break because I’m tired” or “taking leave to attend a language school,” is never recognized as a justifiable reason and is subject to cancellation.
3. The Biggest Trap: Visa Renewal During Leave Will Be Denied
Even if they avoid visa cancellation due to medical treatment (a justifiable reason), they face an insurmountable wall if their “visa renewal period” arrives while they are still on leave.
An absolute requirement for renewing a Japan work visa is “having a stable income and the ability to make an independent living.” If no salary has been paid due to a long-term leave (or if they are living solely on an injury and sickness allowance), Immigration will determine “no ability to maintain a livelihood” and “no actual employment,” resulting in a ruthless denial of renewal (order to return home). The humanitarian expectation that “they should renew it because I am resting due to illness” does not work at all in business immigration practice.
4. Corporate Defense and Legal Strategy: The Correct HR Response
When a foreign employee takes a leave of absence, corporate legal and HR departments must avoid the worst choice of “doing nothing” and establish the following defense lines:
- Strict Management of Objective Evidence (Medical Certificates): Require the submission of a doctor’s medical certificate every month to preserve evidence of a “justifiable reason” as a company.
- Set Return Schedules Based on “Visa Expiration”: Instead of blindly applying the leave period allowed by HR regulations (e.g., maximum 1 year), calculate backward from the “current visa expiration date” to ensure they return to work full-time months before the renewal application to rebuild their salary record.
- Agreement on Withdrawal (Resignation and Return): If there is no prospect of returning to work before the visa expires, explain with legal grounding that renewing the visa in Japan is impossible. Guiding them toward “resignation and recuperation in their home country (return)” while the damage is minimal is ultimately the only way to protect their future career.
Handling a foreign employee’s leave of absence is a highly complex legal area where labor laws intersect with the cold rules of the Immigration Control Act. Before the problem prolongs, collaborate with an expert in business immigration to build a compliance system that protects both the company and the employee.