What is Unpaid Leave?
In the dynamic structure of working life, employees may need to take unpaid leave for various reasons. Unpaid leave means that the employee stays away from work without receiving a salary for a certain period while the employment contract continues. During this period, the employee does not have the obligation to perform work, and the employer does not have the obligation to pay a salary.
The Turkish Labor Law provides comprehensive provisions detailing the rights and obligations of both workers and employers. In this context, the unpaid leave process can be implemented with the employer's approval and under certain conditions. So, what is unpaid leave, what are the conditions for unpaid leave, and what are the rights of employees during this process? We have answered these questions for you.
What are the Conditions for Unpaid Leave?
Certain conditions must be met to take unpaid leave. These conditions include:
- Mutual Agreement: The application of unpaid leave must be accepted by both the employee and the employer.
- Written Declaration: Although there is no direct regulation in the law regarding the implementation and request form of unpaid leave, since wage and performance elements are essential elements of working conditions, notifications should be made in writing under Article 22 of the Labor Law No. 4857. The written declaration protects the rights of both the employer and the employee.
- Duration and Reason for Leave: The duration and reason for the leave are determined by the provisions specified in the employment contract. The duration and reason for the leave should be clarified through mutual agreement between the employer and the employee.
- Legal Guarantees: In some cases, the right to unpaid leave is guaranteed by law. For example, the right to unpaid leave after maternity leave.
How Long is the Unpaid Leave Period?
The duration of unpaid leave is determined by the employee's request and the employer's approval and can vary according to different situations. Below are detailed explanations regarding the durations of unpaid leave under Turkish Labor Law:
- General Unpaid Leave
The duration of unpaid leave is determined by the mutual agreement of the employee and the employer. The Turkish Labor Law does not impose a specific time limit on this matter, so this duration is entirely dependent on the agreement of the parties.
- Maternity and Maternity Leave
According to Article 74 of the Labor Law No. 4857, female employees are entitled to 16 weeks of paid leave, 8 weeks before and 8 weeks after childbirth. In the case of multiple pregnancies, 2 weeks are added to the pre-birth leave period. After completing the 8-week paid leave period after childbirth, the female employee can take up to 6 months of unpaid leave upon request. This period is added to the post-birth paid leave period and is not taken into account in the calculation of annual paid leave entitlement.
- Adoption
A female or male employee who adopts a child under the age of 3 is entitled to 8 weeks of paid leave and up to 6 months of unpaid leave upon request.
- Military Service and Education
The Labor Law does not specify a special unpaid leave period for employees who go to military service. The employment contract is suspended, and the employment relationship is not terminated during military service. The employee is expected to return to work after completing military service.
Employees' requests for unpaid leave for educational purposes are subject to the employer's approval, and this duration is determined by mutual agreement between the employee and the employer.
- Illness Reasons
In the case of a long-term illness, the employer may grant unpaid leave to the employee, provided that the illness is documented with medical reports. The duration of this leave depends on the length of the illness and the employer's discretion.
- Other Special Cases
In the event of natural disasters or compelling reasons, if the employee requests unpaid leave, the duration is determined based on the employer's approval and the conditions of the workplace.
Is Unpaid Leave Included in Severance Payment?
The duration of unpaid leave is not considered in the calculation of severance payment. Severance payment is calculated based on the employee's actual working period, and unpaid leave periods are not included in this calculation. However, since unpaid leave means the suspension of the employment contract, the employee's employment continues, and the employee can return to work after unpaid leave. For the correct calculation of severance payment and the protection of legal rights, both the employee and the employer should be careful in this regard and seek expert advice if necessary.
What is Unpaid Maternity Leave?
As mentioned above, unpaid maternity leave is a right granted to employees who have given birth. According to the Labor Law, female employees are entitled to 8 weeks of paid leave after childbirth. After this period, they can take up to 6 months of unpaid leave upon request. During this period, the employment contract is suspended, but the employee is not considered to have left the job.
Written Declaration Requirement for Unpaid Leave
The request for unpaid leave and its acceptance by the employer must be made in writing. The written declaration requirement is important for protecting the rights of both the employer and the employee. The written declaration clarifies the duration of leave, the reason for the leave, and other conditions to be applied during the leave period, preventing possible disputes.
Conclusion
Unpaid leave is an important right that allows employees to leave their jobs under certain conditions and return to work without financial loss. Unpaid leave, regulated by mutual agreement between the employer and the employee, is subject to certain conditions under the Labor Law. For employees to use this right, both the employer's approval and the written declaration requirement must be fulfilled.
Frequently Asked Questions (FAQ)
Are social security premiums paid during the unpaid leave period?
Social security premiums are not paid during the unpaid leave period. During this period, the employee can continue their insurance by paying voluntary insurance premiums.
Can I work at another job during the unpaid leave period?
Working at another job during the unpaid leave period depends on the provisions specified in the employment contract and the employer's approval. Working at another job without the employer's permission may result in the termination of the employment contract.
Can I return to my job after the unpaid leave period ends?
Yes, the employee can return to their job after the unpaid leave period ends. The employer is obliged to continue the employment contract from where it was suspended.
Do I earn annual leave during the unpaid leave period?
Annual leave is not accrued during the unpaid leave period. In the calculation of annual leave, the actual working period is taken into account, and unpaid leave periods are not included in this calculation.
Is my salary cut during the unpaid leave period?
Yes, the employee does not receive a salary during the unpaid leave period. Unpaid leave is a type of leave taken without salary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.