What Is the Right to Annual Leave?
MK-The right to annual leave is a fundamental employee right guaranteed by the Labor Law to ensure that employees can rest. In practice, annual leave durations, the status of unused leave, and the calculation of annual leave pay are among the most common disputes between employers and employees.
In this article, we address all frequently asked questions regarding paid annual leave, within the framework of the Labor Law provisions and judicial practice.
What Is the Right to Paid Annual Leave?
The right to paid annual leave is a legal right that allows an employee to rest without loss of pay after working for a certain period. It is regulated under Articles 53 and following of Labor Law No. 4857.
According to the law, an employee who has worked for at least one year — including the probationary period — is entitled to paid annual leave.
The right to annual leave is an extension of the constitutional right to rest and is among the rights that an employee cannot waive.
How Many Days Is Annual Leave?
Annual leave entitlements vary according to length of service.
1 to 5 Years of Service
Employees with one to five years of service are entitled to a minimum of 14 days of annual leave.
More Than 5 Years, Less Than 15 Years
Employees in this group are entitled to a minimum of 20 days of annual leave.
15 Years and Above
Employees with fifteen or more years of seniority are entitled to a minimum of 26 days of paid annual leave.
Employees Under 18 or Over 50
Annual leave for employees under 18 or over 50 cannot be less than 20 days.
These periods may be increased by employment contracts or collective bargaining agreements.
When Is Annual Leave Earned?
An employee earns the right to annual leave upon completing one year of employment from the date of commencement.
For example:
- Start date: 01.03.2025
- Annual leave entitlement date: 01.03.2026
The probationary period is also counted toward the one-year period.
Is the Employer Required to Grant Annual Leave?
Yes. The employer is obliged to allow the employee to use their earned annual leave.
The purpose of annual leave is to ensure the employee’s rest. Therefore, as a rule, it is not possible for the employer to make a payment in lieu of granting leave.
If the employer continuously postpones or fails to grant annual leave, the employee may have various legal rights.
Can Annual Leave Be Split?
Under the Labor Law, annual leave cannot as a rule be split.
However, by agreement between the employee and employer, annual leave may be used in portions. In this case, at least one portion must be used continuously for a minimum of 10 days. The remaining portions may be used on different dates by mutual agreement.
Do Unused Annual Leave Days Expire?
One of the most frequently asked questions is whether unused annual leave days are forfeited.
As long as the employment contract continues, unused annual leave entitlements do not as a rule lapse. The employer must keep records of such leave and allow it to be used at an appropriate time.
However, upon termination of the employment relationship, unused annual leave periods convert into a monetary claim.
Therefore, the common belief that “annual leave days are completely forfeited” is not legally correct.
How Is Unused Annual Leave Pay Calculated?
Upon termination of the employment contract, unused annual leave periods are calculated based on the employee’s last gross wage.
The employee may claim payment for earned but unused annual leave regardless of whether they:
- Resigned,
- Were dismissed by the employer, or
- Left due to retirement.
This claim is evaluated within the scope of employee receivables.
Who Bears the Burden of Proving That Annual Leave Was Granted?
According to the established decisions of the Court of Cassation (Yargıtay), the burden of proving that annual leave was granted rests with the employer.
The employer must prove leave usage through documents such as:
- Signed leave forms,
- Personnel files,
- Electronic leave records,
- Leave registers.
In the absence of adequate records, the employee may claim unpaid annual leave wages.
Frequently Asked Questions About Annual Leave
Can the employer refuse an annual leave request?
The employer may schedule the leave date taking into account the operational needs of the workplace. However, the employer cannot completely eliminate the employee’s right to annual leave.
Is salary paid during annual leave?
Yes. The employee’s wages continue to be paid throughout the paid annual leave period.
Can a resigning employee claim annual leave pay?
Yes. Regardless of how the employment contract ends, unused annual leave pay may be claimed.
Does unused annual leave carry over?
Yes. Unused leave may carry over to subsequent years and may be claimed as a wage receivable upon termination of the employment contract.
Conclusion
The right to paid annual leave is a fundamental labor law institution aimed at allowing employees to rest physically and psychologically. It is of great importance that employers maintain complete annual leave records, grant leave in a timely manner, and correctly pay unused leave wages upon termination of the employment contract.
For legal support regarding annual leave claims, unused annual leave pay, leave calculations, or disputes concerning employee receivables, consulting an experienced labor law attorney will help prevent loss of rights.