What is administrative leave?

What is Administrative Leave? | Who Can Benefit from Administrative Leave? | Labor Law Attorney | Izmir Law Firm

What is administrative leave?

Administrative leave, frequently encountered in practice, is a type of leave regulated for civil servants. This leave... Civil Servants Law No. 657‘Administrative leave is granted to civil servants subject to the law. Unlike annual leave, administrative leave is not granted by the civil servant themselves, but rather as a result of a decision by the Council of Ministers. Administrative leave does not apply to private sector employees. In this respect, it differs from official holidays.

Court Decisions

SUPREME COURT OF APPEALS, 7TH CIVIL CHAMBER, CASE NO. 2013/4569, DECISION NO. 2013/12140

The defendant employer argued that the plaintiff's employment contract was terminated for just cause due to absenteeism. Indeed, as the plaintiff himself admitted, he did not come to work on Tuesday, September 30, 2008, Wednesday, October 1, 2008, and Thursday, October 2, 2008, even though it was Friday, October 3, 2008, following the Eid al-Fitr holiday, because he believed he was on administrative leave as the other employees were granted it. Furthermore, as the plaintiff also admitted, the defendant employer warned him to come to work the following day, Saturday, but the plaintiff stated that he could not come because he was out of town. The administrative leave granted by the state applies to civil servants and does not cover workers employed in private companies. The plaintiff has also failed to prove that the employer granted administrative leave for Friday. All these facts establish that the plaintiff was absent for two consecutive days without permission or justification. Therefore, the employer's termination based on absenteeism is justified, and while the plaintiff's claims for severance and notice pay should have been rejected, their acceptance necessitates reversal.

SUPREME COURT OF APPEALS, 22ND CIVIL CHAMBER, CASE NO. 2017/2560, DECISION NO. 2017/4157

Since administrative leave days are not official holidays, there is no question of the deadlines being suspended or extended until the first working day.

SUPREME COURT CRIMINAL GENERAL ASSEMBLY CASE NO. 2013/5-17 DECISION NO. 2013/372

On the other hand, as stated in the decision of the General Assembly of Criminal Courts dated June 22, 2010, numbered 119-155, although Friday, December 12, 2008, was designated as an administrative leave day in accordance with the Prime Ministry circular, provided that necessary measures are taken to prevent disruption of services and that a minimum level of personnel is maintained, the deadlines, and in this context the appeal period, continue to run because this day is not a public holiday.

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