Unpaid leave means that the employer and the employee agree to suspend the employment contract for a certain period of time. During this period, the worker does not work and does not receive a salary. The employment contract is not terminated and the worker’s relationship with the workplace is not terminated.
Free Permit Types:
• Unpaid Leave Received by the Employer’s Offer: The employer may offer unpaid leave to workers in cases such as economic difficulties or decrease in workload. The worker is not obliged to accept this offer. It must respond in writing within 6 business days.
• Unpaid Leave Requested by the Employee: The employee may request unpaid leave due to personal reasons such as birth, marriage, or illness. The employer is not obliged to accept this request.
Free Leave Conditions:
• The employer and the employee must agree in writing.
• The worker must have worked at the workplace for at least 1 month. (There are some exceptions.)
• The duration of unpaid leave cannot exceed 2 years.
• The employer continues to pay severance pay to the employee who is placed on unpaid leave.
• Workers on unpaid leave do not pay premiums to the Social Security Institution.
How to Get Free Leave:
• The employee notifies the employer in writing of his/her unpaid leave request.
• The employer evaluates this request in writing and, if accepted, notifies the employee in writing.
• The employee and employer determine the duration and start date of unpaid leave in writing.
• The worker loses access to workplace materials and information during unpaid leave.
Things to Consider About Unpaid Leave:
• Unpaid leave is not counted as a reason for leaving the job.
• A worker on unpaid leave cannot receive unemployment benefits.
• An employee on unpaid leave can use his annual paid leave.
• An employee on unpaid leave can terminate the employment contract at any time.
Legislation Regarding Unpaid Leave:
• Article 22 of the Labor Law No. 4857
• Supreme Court decisions
