The right to vacation is a fundamental right in accordance with article 50 of the Turkish Constitution. The statutory leave entitlements and the procedure of using this right are stipulated both in the Labor Code numbered 4857 and in precedent court of appeals decisions. Accordingly, unless otherwise explicitly agreed, an employee only has the right to annual leave and other types of leave for particular circumstances explained herein below.
Annual Leave
All employees are entitled to an annual leave with pay depending on their length of service in the company as follows:
- fourteen days; for length of service between one and five years,
- twenty days; for length of service of more than five and less than fifteen years,
- twenty-six days; for length of service of fifteen years and more.
In addition to the annual leave day provided hereinabove, employees are also allowed to take up to 4 (four) days' leave without pay, on the 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.
Maternity leave
In principle employees must not be engaged in work for a total period of sixteen weeks as maternity leave; eight weeks before and eight weeks after conception.
The employee shall also be granted leave with pay for periodic examinations during her pregnancy.
If the employee so wishes, she shall be granted an unpaid leave of up to six months after the expiry of the sixteen weeks.
Nursing employees shall also be allowed a total of one and a half hour nursing leave daily in order to enable them to nurse their children under the age of one. - Wedding Leave Employees shall be allowed to take up to three days leave of absence in the event of marriage.
Bereavement Leave
Employees shall be allowed to take up to three days leave of absence in the event of the death of the employee's mother, father, spouse, brother or sister, and child.
Sick leave
Employees shall be entitled to sick leave for a maximum duration of one week due to sickness or recovery as long as they provide a medical report.
Leave to seek new employment
Once an employee has been given notice of termination, the employer must grant two hours per day during the term of notice period to allow the employee to seek new employment within working hours. The employee may request to use the said time all at once, provided that the employer is notified in advance.
In addition to the types of leave stipulated in the law, companies also choose to apply various other types of leave based on relevant industry practice and their respective international leave policies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
