Workers’ rights to paid and unpaid leave are issues that are frequently confused in practice. Although they are often used interchangeably in practice, paid leave and unpaid leave are fundamentally different in accordance with the Turkish Labour Law.
Annual paid leave, as defined in the Labour Code No. 4857, refers to the leave periods that an employee is entitled to use every year, depending on his/her seniority in the workplace, his/her job and his/her age.
On the other hand, unpaid leave defines other leave types. There are no conditions such as age or seniority for unpaid leave. It is possible for the employer to respond positively to the request of an employee who wishes to take unpaid leave for any reason, or to take leave in cases where unpaid leave is required as listed in the Code No. 4857.
If the request is approved by the employer, the right to unpaid leave occurs. The employee is not entitled to wages during the unpaid leave period.
One of the types of unpaid leave defined in the Code No. 4857 is the unpaid leave that a female worker can take for up to six months if she requests it after the end of her maternity leave. Likewise, the leave periods that must be given by the employer for a total of up to four days to those who will spend their annual paid leave in a place other than where the workplace is located, in order to cover the time spent on the road during their departure and return, provided that they request and document this, are the unpaid leave periods that must be given by law.
Likewise, workers may be granted unpaid leave rights through an employment contract or collective bargaining agreement.
Unpaid leaves other than those listed in the law and the contract are subject to the approval of the employer. If the employer does not approve, it is not possible to take unpaid leave.
