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Annual Paid Leave

Also known as: Annual Leave, Holiday Entitlement, Unused Leave Pay, Yıllık Ücretli İzin

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In short

The right to paid rest each year, earned by an employee who has worked at least one year and varying with seniority; the employee cannot waive it, and pay for unused leave is due when the contract ends.

Annual paid leave, governed by Articles 53–60 of the Labour Law and the Annual Paid Leave Regulation, is part of the constitutionally guaranteed right to rest. The employee cannot waive it.

Qualifying Period

An employee who has worked at least one year from their start date, including any probation period, is entitled to annual paid leave.

Leave Entitlement

  • 14 days for employees with one to five years of service (five years inclusive),
  • 20 days for more than five and less than fifteen years,
  • 26 days for fifteen years (inclusive) or more.

Employees aged eighteen or under and fifty or over may not be given less than twenty days. These are minimums and may be increased by employment or collective agreements. Weekly rest days, national holidays and public holidays falling within the leave period are not counted as leave.

Taking Leave

Annual leave may not be split by the employer, but by agreement it may be taken in up to three parts, one of which must be at least ten days. The employer sets the leave period according to the workplace’s operations. During leave, the employee may not work elsewhere for pay.

Leave Pay

While the contract continues, unused leave cannot be converted into pay. When the contract ends for any reason, pay for leave earned but not used is paid based on the wage at the termination date. This claim is subject to a five-year limitation period, which starts when the contract ends.

Proof

The burden of proving that leave was taken lies with the employer. The employer should therefore keep a leave register or written leave documents signed by the employee; without signed documents, it is difficult to prove that leave was granted.

Frequently Asked Questions

What happens to unused annual leave?

While the contract continues, unused leave cannot be converted into pay. When the contract ends for any reason, pay for leave earned but not used is paid based on the wage at the termination date.

Can annual leave be split?

Yes. By agreement, annual leave may be taken in up to three parts, one of which must be at least ten days.

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