What is it?
Nenkyu is an allocation of a number of days for which people can take time off from work but still receive pay. Ehime strongly recommends JETs be allocated 20 days per contract year.

Why does it cause problems?
There is really one main thing that causes nenkyu-related problems and that is the fact that the nenkyu system for JETs differs from the normal Japanese system. It runs under a different term; it is not supplemented by normal teaching holidays (such as summer holidays); it is generally intended to be used for different reasons, etc.

Why is nenkyu important?
Living in Japan can be extremely stressful for foreigners. They have to adapt to a new culture, job, system, language, diet, methodology etc. It is therefore very important for JETs to take regular time off in order to maintain good health. Nenkyu is one of the few options that JETs have to do this, so it is an extremely important system to have in place.

What kinds of problems occur?

• ALTs not seeking permission to take nenkyu early enough and schools not being able to make alternate arrangements as a result.
• Refusal of nenkyu applications on inappropriate grounds.
• Misunderstandings about the number of days of nenkyu JETs have and when the nenkyu term starts and ends.

How can we avoid these problems?
The best way to avoid these kinds of problems is to make sure that the JET, their supervisor, principal or kacho, and anybody else involved in granting nenkyu, have a good understanding of the JET contract nenkyu articles. The best way to do that is to sit down together at some stage and go over the contract provisions and any other related issues that you think may come up so that everybody knows how nenkyu works and what the rights are of the JET and their contracting organization with regard to it.

What if a problem comes up?
Contact one of the PAs (Prefectural Advisors). PAs have detailed information on the nenkyu system and have experience in resolving nenkyu problems and misunderstandings.

Misunderstood Facts about JET Nenkyu

• JETs have 10–20 days of nenkyu per contract year (Ehime recommends 20)
• The nenkyu term is the same as that of the JET’s contract year, not the Japanese financial year
• Up to 12 days of nenkyu can be carried across from one JET contract year into the next one (Ehime recommends 12)
• Nenkyu requests can only be denied if the nenkyu will interfere with the smooth running of school (i.e. specific events, classes or activities)
• Supervisors can’t definitively grant nenkyu since the JET’s principal/kacho has final say
• ALTs can take nenkyu at any time, but using it during term time should be avoided if possible
• Approval to take nenkyu should be sought well before plans are made for the nenkyu period
• Taking nenkyu is extremely important for JETs to ensure their physical and mental well-being
• Good communication is the key to avoiding problems

What is byokyu?
According to the JET Model Contract, byokyu are days during which people can take time off work due to sickness or injury, but still receive pay.

How many times can byokyu be taken?
Byokyu can be taken as many times as required for up to 20 days per byokyu period. In most cases, each period of byokyu is considered to be separate, but if a new period of byokyu occurs within 7 days of the previous one then it is considered to be a part of the previous period.

When can byokyu be taken?
Byokyu can be used when a sickness or injury results in the unavoidable inability to perform work duties. Japanese people, however, have a tendency to take nenkyu instead of byokyu when sick. To avoid misunderstandings, JETs and supervisors should therefore discuss expectations regarding byokyu with each other early on. This will help to avoid stressful and unnecessary confrontations when permission to take byokyu is eventually sought.

Is a doctor’s certificate required?
Doctor’s certificates (shindansho) are required for byokyu periods of four days or more. Doctor’s certificates can be obtained from a hospital or clinic and usually only cost a few thousand yen (they are not covered by insurance). Contracting Organisations can request a doctor’s certificate for periods of three days or less, but if a certificate is to be required in this instance then the supervisor must inform the JET before byokyu is taken as doctor’s certificates are difficult to obtain once a person has overcome their illness or injury.

Is there anything else that I should be aware of?
Byokyu is one of the major causes of problems between JETs and their supervisors due to the differences in understanding between Japanese and non-Japanese regarding its use. People should try to avoid these problems by meeting early on and coming to a mutual agreement through discussion about when byokyu can and can not be taken. However, if a dispute does arise over byokyu then please do not hesitate to contact one of the PAs. We are experienced in mediating on these kinds of issues and can help people to find middle-ground solutions and avoid confrontation.

• JETs must consult their supervisor (or, if unavailable, other workplace member) to get permission to take sick leave before the leave is taken. If this is not possible, then the supervisor must be informed as soon as possible afterwards.
• A doctor’s certificate must be produced for a sick leave period four days or more. Contracting organizations can also require their JET to produce one for periods of three days or less, but JETs must be informed before sick leave is taken if this is to be the case.
• Sick leave is very important for JETs to be able to use due to the high susceptibility of foreign residents to physical and stress related illnesses.
  Japanese, however, perceive byokyu very differently to the way that non-Japanese do, so JETs should try to be considerate of this when seeking permission to take it.
• The maximum sick leave period allowable is 20 consecutive days (including weekends and holidays etc.)
• If two periods of sick leave are within 7 days of each other then they are considered to be consecutive. e.g. if the first period of leave is 4 days, then the first day of the second period (if it is within 7 days of the last day of the first period) becomes the 5th day of one consecutive period of sick leave.

Time in lieu (daikyu) is a type of paid leave that can be accumulated from overtime work. It can be used to take an amount of time off from work that is equivalent to the amount of overtime done.

Time in lieu can only be given, however, if the overtime done is as a result of being formally asked to work outside normal hours. Time in lieu cannot be given for overtime work that a person has chosen to do themselves.

Time in lieu tends to be misunderstood quite regularly. The purpose of the leave is to standardise the number of weekly working hours. The reason that this is an important part of the JET contract is because the Labour Standards Law (rodo kijun-ho) restricts JETs to 35 working hours per week. Working longer than 35 hours would break the law, for which the employer could be held responsible.

If a contracting organisation wants a JET to work on a weekend then time in lieu must be allocated equivalent to hours worked. The time in lieu must then be used within four weeks of the event, after which it expires.

If a contracting organisation wants a JET to work overtime on a weekday then daikyu cannot be given. The week in which the overtime is done must be no longer than 35 hours, so working hours for that week must be rearranged. If a contracting organisation asks a JET to work on a weekend, but does not wish to give the JET time in lieu for the work, then the JET may decide whether or not they wish to attend. Contracting organisations may not pressure JETs to participate in such events without allocating time in lieu.

Time in lieu given for duties performed on a weekend must be used within four weeks of the working week in which the duties were performed. If the duties are performed on a Saturday then the first of the four weeks is seen as being the working week running from the pervious Sunday to the Saturday on which the work was done. This effectively leaves three weeks for the leave to be used.

Special leave (tokyu) is a type of paid leave reserved for times when leave is required, but when circumstances don’t allow for any of the other types of leave in the contract to be used. The situations in which special leave can be used are very specific and are limited in number, but any JET has the right to take special leave if they are facing any of the circumstances covered by the special leave conditions in their JET contract.

Special leave is only reserved for very specific cases and cannot be allocated unless the conditions of the leave meet one of the criteria. The types of paid special leave allowed for by the JET model contract include bereavement (the length of which depends on the JET’s relationship with the person who died), marriage, natural disaster and commuter transport system failure.

The other section of this leave, “any other time the Supervisor deems there is a special need”, actually refers to specific situations such as visa extension and changes to Alien Registration Cards. It does not allow the supervisor to give out leave at will.

There is also an allowance in the special leave conditions for maternity leave, but this is unpaid. JET insurance, however, will cover 60% of the JET’s salary. The period allowed for this leave is set by law and cannot be negotiated. The final type of special leave covered in the model contract is menstrual leave, which is also unpaid.

Special leave, despite being clearly defined, tends to be quite problematic. It is advised that JETs consult with their supervisor as early as possible if it looks like special leave will be required. If any problems arise during leave application, contact a PA.

• As with any type of leave or contractual issue, JETs and their supervisors should consult with each other regarding the terms and conditions of special leave and time in lieu so that an understanding is created as to when and how each type of leave can be used. This will help to prevent problems from occurring when permission to take leave is eventually sought.
• Permission must be given before special leave or time in lieu can be used to take time off from work. The JET and their supervisor should consult with each other to make sure correct procedures are followed before permission is given so problems do not occur after the leave is taken.
• Conflicts tend to arise over these forms of leave quite often. When this happens, JETs and supervisors should try to compromise and work towards a middle ground so that everybody is happy with the outcome. If this is difficult then do not hesitate to contact a PA for help.
• If there is a situation in which a JET feels that they must take leave, but the conditions do not fall under those for special leave or other situation-specific forms of leave such as sick leave, then the leave should be taken as yearly paid leave (nenkyu).
• Japanese do not generally use special leave or time in lieu, so JETs should be considerate of this when applying for those forms of leave themselves. JETs are, however, contractually entitled to use both types of leave, so they should not be denied if leave conditions are met and correct procedure is followed.