Turkish Labor Law
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If you are a private sector employee the answer is unfortunately NO!
However, by mutual consent between employer and employee, taking time off from work without pay for various excuses, especially for sick children, is always possible in practice. Another way to attend or take the child for medical examination, you can use some part of your annual vacation that can be divided by mutual consent, provided that one of the parts shall not be less than ten days.
In Turkish Labor Law unpaid leave is granted only to mothers and adoptive parents after childbirth and adoption. There are no special arrangements for parents of sick children, unless the child is disabled as explained at last part of the article.
No forcing for unpaid leave
According to Turkish legislation and Supreme Court Practices; neither employer, nor employee can force each other for taking or granting unpaid leave. This type of leave is possible only under mutual consent.
Case study
- A female employee apply to her employer to take 6 months unpaid leave for taking her child to be vaccinated,
- Employer refused her unpaid leave, demand, but offered that employee can take her child to hospital from time to time
- Employee left the employment,
- Supreme Court decided that her leaving the job has no legal ground and she cannot claim severance pay.
Attending for disabled child
Attendance leave is granted only to the parents of disabled child on the following conditions;
- Only for the child who has 75% disability or chronic disease,
- Disability or chronic disease should be based on medical report,
- Duration of leave is up to 10 days in a year, and must be used without interruption (only once in a year),
- Leave is related to attending the treatment of the child,
- Only one of the parents is allowed to take the leave.
Second paragraph, article 2 of Labor Law, titled Leave of Absence with Pay reads as follows; “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 one of the parents and without interruption or with segments.”
