Turkish Labor Law
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Leaves with pay and unpaid leaves are always mixed up. We will try to enlighten you on the matter briefly.
LEAVE WITH PAY /PAID LEAVES
Leave of absences arranged in provisional article 2 of Labor Law 4857 are as follows;
- Marriage Leave: 3 days in the event of employee’s marriage,
- Bereavement Leave: 3 days death in the event of employee’s mother, father, spouse, brother or sister, and child,
- Adoption Leave: 3 days in the event of employee’s adoption of a child,
- Paternity Leave: 5 days in case of employee’s spouse giving birth,
- Leave for Disabled child: employed parents whose child has at least seventy percent disability or chronic disease based on medical report, shall be allowed to take up to 10 days leave of absence with pay in a year for attending the treatment of the child; on condition that leave may be taken only by one of the parents and without interruption or segments
These payments are covered by the employer.
UNPAID LEAVES
Turkish Labor Law 4857 contains two types of unpaid leave:
Upon their request, 6 months unpaid leave will be granted for the female employee after the expiration of statutory maternity leave and for the married couples who adopted a child under three years of age. (Labor Law, article 74).
employees are also allowed to take up to 4 (four) days unpaid leave, on condition that the employee provides documentary evidence that s/he is spending his/her annual leave at a place other than where the work place is located. (Labor Law, article 56).
UNPAID LEAVES /DISCRETIONARY LEAVES
An employee may sometimes be in need of taking a day or two off for various and quite understandable reasons, such as sickness of family members, and for other innumerable cases require employee to attend outside of workplace within the working hours. However, apart from some specific conditions, unpaid leave of an employee is left to understanding of the employer
An employee may sometimes be in need of taking a day or two off for various and quite understandable reasons, such as sickness of family members, and for other innumerable cases require employee to attend outside of workplace within the working hours. However, apart from some specific conditions, unpaid leave of an employee is left to understanding of the employer.
CONDITIONS OF UNPAID LEAVE
Neither employer, nor employee can force each other for taking or granting unpaid leave. This type of leave is possible only under mutual consent
Unpaid leave request must be in written and must be accepted by employer
No wage is paid for the unworked day
No SSI premium paid, only missing day declared for the employee
Employee continues to benefit from healthcare services up to ten days during the unpaid leave
Unpaid leaves are not taken into consideration in the calculation of employee’s seniority
Employee cannot work in other workplace during unpaid leave, otherwise that may be a just cause for employer to terminate the employment contract
Employers cannot force their employers to take unpaid leave, otherwise that may be just cause for the employee to terminate the contract.
