What is Unpaid Leave? Detailed Review
Entrance:
In business life, a practice that allows employees to suspend work for a certain period of time without leaving the workplace for various reasons is called unpaid leave. Although it is not a right included in the Labor Law, it can be implemented by the Supreme Court decisions and the agreement between employer and employee. In this article, we will examine details such as what unpaid leave is, what its conditions are, how long it can be taken, and whether salary and severance pay are affected.
Free Permit Types:
• Legal Unpaid Leave: It is unpaid leave given to workers for periods determined by law in cases such as birth, marriage and death.
• Consensual Unpaid Leave: It is a type of leave that occurs when the employer and the employee mutually agree to suspend the employment contract for a certain period of time.
Unpaid Leave Conditions:
• For legal unpaid leaves: The conditions specified in the law must be met. For example, female workers who give birth are entitled to 16 weeks of unpaid leave, while workers who get married are given 3 days of unpaid leave.
• For contracted unpaid leaves: No legal conditions are required. A written agreement between the employer and the employee is sufficient.
Unpaid Leave Period:
• For legal unpaid leaves: The periods are specified in the law. For example, female workers who give birth are given 16 weeks of unpaid leave, and workers who get married are given 3 days of unpaid leave.
• For contracted unpaid leaves: Leave can be used for the period agreed upon by the employer and employee. There is no legal limitation.
Salary and Severance Pay during Unpaid Leave:
• The worker is not paid a salary while on unpaid leave.
• Severance pay continues to accrue during unpaid leave.
Things to Consider About Unpaid Leave:
• It is necessary to obtain the employer’s written approval before taking unpaid leave.
• The worker is not considered insured during unpaid leave.
• Unpaid leave does not mean termination of employment contract.
• The worker returns to his old job after the unpaid leave period ends.
