Annual Leave Periods

Annual Leave Entitlements | Employment Lawyer in Izmir | Mustafa Yolcu

What is annual leave?

Annual leave is the paid leave granted to employees who have worked at the workplace for at least one year, including the probationary period, from the day they started work.Labor Law Article 53The right to paid leave cannot be waived by either party.

Annual Paid Leave Periods

Annual Paid Leave Regulation – İzin Süresinin Tespiti

Article 9 — The duration of an employee's leave is determined according to their length of service at the time they become entitled to leave and Article 55 of Law No. 4857. Employees who have worked at least one year at the workplace, including the probationary period, are entitled to annual paid leave. The right to annual paid leave cannot be waived. The duration of annual paid leave to be granted to employees is determined by their length of service.;

• a) Those who have served from one to five years (including five years) fourteen from day,
• b) Those with more than five years but less than fifteen years twenty from day,
• c) Those who have served fifteen years (inclusive) or more twenty-six from day,
  It cannot be less.

Workers employed in underground work will have their annual paid leave increased by four days.

However, the annual paid leave period for workers aged eighteen and under, and those aged fifty and over, cannot be less than twenty days.

Annual Leave Procedure

• The employer is obligated to pay each employee their annual paid leave wages in advance, before the employee begins their leave, or to provide an advance payment for the period of annual leave.
• Annual paid leave cannot be divided by the employer.
• Annual leave periods may be taken in installments, with each installment being no less than ten days, by agreement between the parties.
• Other paid and unpaid leaves or rest and sick leaves granted by the employer during the year cannot be deducted from annual leave.
• When calculating annual paid leave days, national holidays, weekends, and public holidays that fall within the leave period are not counted as part of the leave period.
• Employees who will be spending their annual paid leave in a location other than where their workplace is located are entitled to receive up to four days of unpaid travel leave from their employer, upon request and documentation, to cover travel time to and from their destination.
• In cases where an employment contract is terminated by the employer, the notice period and the mandatory leave granted to the employee to search for a new job cannot overlap with annual paid leave periods.
• Employers are required to keep a leave record document showing the annual paid leave of employees working in the workplace.
• An employee must notify their employer in writing at least one month in advance of the date they wish to take their earned annual paid leave.
• In cases where leave requests coincide on the same date, priorities are determined by considering seniority at the workplace and the date the leave was taken the previous year.

Periods Included in Annual Leave Calculation

The following periods shall be counted as worked for the purpose of calculating annual paid leave entitlement:

• a) Days the worker is unable to go to work due to an accident or illness (However, this shall not exceed the period stipulated in subparagraph (b) of paragraph (I) of article 25 of the Labor Law).
• b) Days when female workers are not employed before and after childbirth.
• c) Days the worker is unable to go to work due to military maneuvers or any other legal obligation outside of compulsory military service (This period shall not exceed 90 days per year).
• d) Fifteen days of time spent without working as a result of the work being suspended for more than one week due to compelling reasons at the workplace (provided the worker resumes work).
• e) Cases counted as working time as regulated in Article 66 of the Labor Law
• f) Weekend holidays, national holidays, and public holidays.
• g) Half-day leave that must be given to employees working in X-ray examination rooms, in addition to Sundays.
• h) Days when workers are unable to attend work due to their participation in mediation meetings, their presence on arbitration boards, their duties as worker representatives on these boards, their participation as worker or union representatives in assemblies, boards, commissions and meetings established in accordance with legislation related to working life, or their participation in conferences, congresses or boards of international organizations related to labor issues.
• i) In accordance with Article 2 of the Labor Law, employees are granted leave of up to three days in case of marriage, adoption, or the death of their mother, father, spouse, sibling, or child; leave in case of their spouse giving birth; and up to ten days of leave, either in one lump sum or in installments within a year, for the treatment of a child with at least seventy percent disability or a chronic illness, based on a medical report and provided that only one of the working parents uses this leave.
• j) Other leaves granted by the employer and reduced working hours.
• k) The duration of annual paid leave granted to the employee.

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