What is Unused Annual Leave?
Unused annual leave is the annual leave days that an employee is entitled to but has not used within a certain period of time. According to the Labor Law, you are entitled to at least 14 days of annual leave every year. These leaves can be used in bulk or in portions with the approval of the employer.
How Many Years Should Unused Annual Leave Be Accumulated?
Employees Subject to Labor Law No. 4857: Employees subject to this law lose their leave rights other than their unused leaves of the current year and the previous year. For example, if you have 20 days of annual leave in 2024 and you could not use 10 of these leaves, you will lose your right to the remaining 10 days of leave in 2023.
Employees Subject to the Civil Servants Law No. 657: Civil servants subject to this law can accumulate leave for a maximum period of 2 years. If they have not used their leaves before two years, these leaves will be lost.
What Happens to Unused Annual Leaves When Leaving Work?
When the employment contract ends (resignation, dismissal, etc.), unused annual leaves are paid to the employee. This wage is calculated based on the worker’s last gross salary.
Legal Regulations Regarding Unused Annual Leaves
Labor Law No. 4857: Article 59
Civil Servants Law No. 657: Article 103
Turkish Code of Obligations: Article 134
Things to pay attention
It is important to keep track of your unused annual leave and use it on time.
You cannot take leave without the employer’s approval.
Unused annual leaves may be collected with legal interest in case of delay by the employer.
