Example: A newly hired employee cannot request annual paid leave during the probationary period. In this case, the leave right begins when one year of seniority at the workplace is completed.<\/p>\n
2. Employees Who Have Not Completed One Year Cannot Use Leave
\nLegal Basis: The employee must have worked at least one year at the workplace. Employees who have not completed one year of employment are not entitled to annual paid leave.<\/p>\n
Example: An employee who starts work in January cannot use annual leave until December. The leave right will arise at the end of one year.<\/p>\n
3. The Annual Leave Period is Determined According to the Employment Contract
\nLegal Basis: The employer has the right to determine the annual leave usage period for the continuity of the job. The employee cannot take leave at any period he\/she wishes without the employer’s approval.
\nExample: During a busy work season, the employer may postpone the employee’s annual leave to another specified date. For example, a person working in the tourism sector during the summer cannot take leave during this period without the employer’s approval.<\/p>\n
4. Entitled Annual Leave May Not Be Used in a Group<\/p>\n
Legal Basis: The Labor Law is based on the principle of indivisibility of annual leaves, but a portion of the leave can be divided with the employer’s approval. If the employee wishes to divide the entire leave, the employer’s permission is required.<\/p>\n
Example: Although an employee is entitled to 20 days of annual leave, it is not possible to divide this leave into one week without the employer’s permission and use it.<\/p>\n
5. Annual Paid Leave Cannot Be Used During the Notice Period
\nLegal Basis: According to the Labor Law, in the event of dismissal or resignation, annual paid leave cannot be used during the notice period. The employee must be present at the workplace during this period.<\/p>\n
Example: An employee who is dismissed cannot take annual leave during the 4-week notice period. If there is an annual leave entitlement at the end of the notice period, this right can be given as an allowance.
\n6. Annual Paid Leave Cannot Be Used During Unpaid Leave Periods
\nLegal Basis: If the employee uses his\/her unpaid leave right, annual paid leave cannot be used during this period. Annual leaves do not continue to be processed during the unpaid leave period.<\/p>\n
Example: An employee who uses unpaid leave such as maternity leave or military leave cannot request annual leave during this period. Annual leaves will be valid upon return from unpaid leave.<\/p>\n
7. Annual Leave Rights of Employees in Seasonal Work are Limited
\nLegal Basis: The annual leave right of employees working in temporary jobs such as seasonal or campaign jobs may not arise since it may last less than one year during the employment contract.<\/p>\n
Example: If the contract of an employee doing seasonal work as an agricultural worker will only last a few months, the annual leave right will not arise.<\/p>\n
8. Leave Rights Do Not Work During Periods Where Short-Time Work Allowance is Received
\nLegal Basis: Employees within the scope of short-time work allowance cannot use their annual paid leave right during this period. The short-time work period is not included in the annual leave calculation.<\/p>\n
Example: An employee who receives short-time work allowance during the pandemic period cannot consider this period as annual leave. After termination of short-time work, the right to annual leave will arise.<\/p>\n
9. Compassionate Leave Does Not Replace Annual Leave
\nLegal Basis: If the employee uses a compassionate leave (marriage, birth, death, etc.), this period is not included in the annual paid leave. It is calculated separately from the annual leave.<\/p>\n
Example: An employee who takes 3 days of compassionate leave due to marriage cannot deduct these days from the annual leave. Compassionate leave is a legal right and cannot be confused with annual leave.","protected":false},"excerpt":{"rendered":"
1. No Annual Paid Leave Right During the Probationary Period Legal Basis: According to Article 53 of the Labor Law No. 4857, an employee must have worked for at least one year to be eligible for annual paid leave. Example: A newly hired employee cannot request annual paid leave during the probationary period. In this […]<\/p>\n","protected":false},"author":12,"featured_media":8751,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8747","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8747","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=8747"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8747\/revisions"}],"predecessor-version":[{"id":8804,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8747\/revisions\/8804"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/8751"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=8747"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=8747"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=8747"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}