What is Unpaid Leave?
Unpaid leave refers to a temporary period during which the employee suspends work without receiving wages, while the employment contract remains in force.
During this period, the employer is not obliged to pay a salary, and the employee is not obliged to perform any duties.
Unpaid leave provides flexibility for both parties when personal, educational, or extraordinary circumstances arise, allowing employees to take time off without terminating the employment relationship.
What are the Conditions for Unpaid Leave?
The implementation of unpaid leave requires mutual agreement between the employer and employee. The following conditions apply:
- Mutual Consent:
Both the employee and employer must agree on the leave. Employers cannot impose unpaid leave unilaterally (except in exceptional cases defined by law). - Written Notification:
Under Article 22 of the Labour Law No. 4857, any change to working conditions—including unpaid leave—must be made in writing and accepted by the employee. - Duration and Purpose:
The duration and reason for unpaid leave should be clearly stated in the written agreement to avoid disputes. - Legal Entitlements:
In certain cases, unpaid leave is a statutory right (e.g., after maternity leave or in the event of adoption).
How Long is the Unpaid Leave Period?
The duration of unpaid leave depends on the mutual agreement between the employer and the employee, as Turkish Labour Law does not impose a specific general limit.
However, there are defined timeframes for special situations:
- Maternity Leave: Up to 6 months following the statutory 16-week paid maternity leave.
- Adoption: Up to 6 months for employees adopting a child under 3 years old.
- Military Service: Duration of compulsory service; employment is suspended, not terminated.
- Education: Duration mutually agreed upon for study or training purposes.
- Health Reasons: Duration based on medical documentation and employer approval.
- Force Majeure: Granted at employer’s discretion in case of natural disasters or emergencies.
Does Unpaid Leave Affect Severance or Annual Leave?
Unpaid leave periods are not included in the calculation of severance pay or annual leave entitlement, as the employee does not perform work during this time.
However, since the employment contract remains valid, the employee retains their job security and may return to the same position afterward.
Written Declaration Requirement for Unpaid Leave
The unpaid leave request and employer’s approval must always be in writing.
This document should include:
- The start and end dates of leave,
- The reason for leave,
- The mutual agreement of both parties.
Written confirmation ensures legal protection and helps prevent potential misunderstandings.
Unpaid leave is a flexible mechanism under Turkish Labour Law, allowing employees to temporarily suspend work without losing their employment status.
To avoid legal disputes, both parties must follow formal procedures—particularly written consent and clear documentation.
Employers should implement fair leave policies, while employees should ensure their rights are protected through proper written requests.
