What is Annual Leave in Turkey? What are the Conditions for Annual Leave?

What is Annual Leave?

Annual leave, also known as paid vacation, is a statutory right under Article 53 of the Turkish Labour Law No. 4857 that allows employees to rest and rejuvenate while maintaining their income.
It represents one of the key employee welfare mechanisms in Turkish employment law, ensuring that all workers benefit from a minimum rest period after a year of continuous service.

During this period, the employee is not required to perform work, yet continues to receive full wages and social benefits as if they were actively working.

What are the Conditions for Annual Leave?

To qualify for annual leave, the following conditions must be met:

1. Completion of One Year of Service:
   The employee must have worked for the same employer for at least one full year, including any trial (probation) period.
2. Employment Relationship Continuity:
   The employment contract must be active and ongoing. Suspended periods such as unpaid leave or military service do not count toward annual leave accrual.
3. Employer’s Obligation to Grant Leave:
   Employers cannot deny the right to annual leave or replace it with monetary compensation during active employment.
4. Non-Waiver Principle:
   Even if an employee voluntarily agrees not to use annual leave, such waivers are legally invalid under Turkish law.

How Long is the Annual Leave Period?

The length of annual leave depends on the employee’s length of service with the same employer:

Special cases:

• Employees under 18 or over 50 years old must receive at least 20 days of paid annual leave, regardless of their service length.
• In workplaces operating on a six-day schedule, weekends and public holidays are not included in the leave duration.

Can Annual Leave Be Divided or Postponed?

Annual leave can be taken in one continuous block or divided into parts by mutual consent.
However, one portion must be at least 10 consecutive days, ensuring that employees benefit from genuine rest.

Employers must prepare a leave schedule each year and ensure that all employees use their leave within the relevant period.

Annual Leave Pay and Procedures

Employers are required to:

• Pay the employee’s full wage in advance of the leave period,
• Keep a Leave Record Book for inspection by labour authorities,
• Allow the employee to return to the same position after leave,
• Compensate for unused annual leave upon termination based on the employee’s last gross salary.

Employees cannot be called back to work during their leave period unless both parties agree in writing.

Does Annual Leave Affect Severance Pay or Other Benefits?

Paid annual leave periods count as active service and are included in seniority and severance pay calculations.
The employment relationship continues uninterrupted during annual leave, and all wage-based benefits (such as bonuses, meal allowances, and insurance contributions) remain payable.

Written Declaration Requirement for Annual Leave

The employee’s request for annual leave and the employer’s approval must be documented in writing.
This documentation ensures transparency and prevents disputes over the timing or duration of leave.
Employers typically use internal annual leave request forms signed by both parties and record them in the personnel file.

Annual leave is a legally protected right designed to maintain employee well-being and productivity.
By observing the statutory conditions for annual leave—such as eligibility, duration, and record-keeping—employers demonstrate compliance and commitment to fair workplace practices.
Employees, on the other hand, should plan and use their leave responsibly to ensure a balanced and healthy working life.