Employees’ Annual Paid Leave Rights: How Many Days of Leave Can You Get?
Annual paid leave is one of the most important rights of employees in their business lives. Employees have the opportunity to rest, renew themselves and relax psychologically by taking a vacation. This article will provide important information about employees’ annual paid leave rights, how many days of leave they can get and leave processes.
1. Definition of Annual Leave Right
Explanation: Annual leave right is a right that allows employees to request paid rest from their employers for a certain period of time. Annual paid leave rights in Turkey are regulated by the Labor Law No. 4857.
Example: An employee taking a summer vacation using their annual leave period is considered within the scope of this right.
2. Annual Leave Durations
Explanation: The annual leave duration varies depending on the time the employee spends at the workplace. According to the Labor Law No. 4857:
14 days of annual leave are granted for employees who have worked less than 1 year,
20 days for employees who have worked between 1-5 years,
26 days for employees who have worked more than 5 years.
Example: An employee who has worked at the same workplace for 3 years has an annual leave entitlement of 20 days.
3. Calculation of Leave Duration
Explanation: The annual leave duration is calculated according to the employee’s start date. Employees cannot transfer the leave days they do not use within a calendar year to the following years. However, unused leave days must be used within 1 year at the latest.
Example: Unused leave days in 2023 must be used within 2024 at the latest.
4. Annual Leave Usage Duration
Explanation: Annual leaves can be used at the employee’s request. However, it is not possible to use leave outside the periods determined by the employer’s permission.
Example: When an employee wants to take leave during the summer months, they must notify their employer in advance and obtain approval.
5. Use of Leave Rights and Employer Responsibilities
Explanation: The employer is obliged to respect the annual leave rights of employees. Employees have the right to use their annual leave and the employer cannot prevent the use of these leaves.
Example: If an employee wants to use their annual leave and the employer refuses this leave, this may create a legal problem.
6. Wage Payments During Leave Use
Explanation: Employees continue to receive their normal salaries during their annual leave period. The employer must pay the employee’s wages in full during their annual leave.
Example: The salary that an employee should receive during their annual leave must be paid without interruption during their leave days.
7. Loss of Leave Right
Explanation: Annual leave right may be lost under certain conditions. If the employee does not use their leave right, this right expires at the end of 1 year.
Example: An employee who does not use the leave days they did not use in 2023 in 2024 will lose that year’s leave.
8. Special Circumstances and Leave Right
Explanation: Certain circumstances may affect annual leave rights. For example, situations such as birth, military service or illness may affect the use of annual leave right.
Example: The annual leave of an employee who has a long-term illness may be frozen for the duration of their illness.
9. Objection to the Use of Annual Leave Rights
Explanation: Employees can take legal action if their annual leave rights are violated. In this case, labor courts come into play.
Example: If an employer does not allow an employee to use their annual leave, the employee can seek their rights by applying to the court.
10. It is Important to Know the Annual Leave Rights
Explanation: Employees’ annual paid leave rights constitute an important part of their work life. Knowing these rights allows employees to have a healthier work life both psychologically and physically.