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19 April 2021

Paid Leave

Emine Çelik Uzun
| Blog
Paid Leave

What is Paid Leave?

Paid leave is the period when employees do not work in situations that meet the conditions regulated by law, and during this period, their salary payments are continued by the employer without interruption.

Undoubtedly, one of the most important parts of business life for every employee is leave. The employee needs leave to be able to rest physically and mentally, to spare time for family and social life, to do personal work and many other situations. The laws clearly state the types of leave that can be used by employees in various situations.

What are the types of paid leave?

1. Annual Paid Leave Right

Employee's right to rest, guaranteed by Article 50 of the Constitution; It is of great importance for employees. An employee is entitled to annual paid leave, provided that he has worked for at least one year, including the trial period, from the day he started working at the workplace. One year period; It is calculated from the day the employee starts work, not the day the employment contract is concluded.

2. Paid Maternity Leave

Female employees are entitled to 16 weeks of paid leave, 8 weeks from the 32nd week of their pregnancy and 8 weeks after the birth. Female employees who have a healthy pregnancy period can work up to the 37th week if they wish, and the 5-week period they spend working can be added to the postpartum period. During this period, salary payments are made by the social security institution.

3. Half-Day Maternity Leave of the Worker

4857/74 After the end of maternity leave, female or male workers who adopt a child under the age of 3 are given 60 days of unpaid leave at the first birth, 120 days at the second birth, and 180 days for the next births. In multiple births, these periods are extended by 30 days, and in case of birth with disabilities, these periods are applied as 360 days. Milk leave is not applied during the period of benefit from the provisions in this paragraph. The half day's wages not worked are paid by İş-Kur.

4. Death Leave

These are the leave to be given up to 3 days in the death of parents, spouses, siblings or children of the workers.

5. Employee's Marriage Permission

4857 / ANNEX-2 To the worker; In case of marriage or adoption, 3 days (calendar) of paid leave is given.

6. Employee's Paternity Leave

4857 / ANNEX-2 To the worker; 5 days (calendar) of paid leave is given if the spouse gives birth.

7.The Employee's Permission for Disabled Child Treatment

4857 / ANNEX-2 At least seventy percent of the workers in the treatment of their children with disabilities or chronic diseases; Up to 10 days of paid leave in a year is allowed in whole or in sections.

8. Employee's Periodic Control Leave

During pregnancy, a female worker is given 1 day of paid leave for periodic checks.

9. Employee Milk Permit

4857/74 Female workers are given a milk leave of 1.5 hours a day in order to breastfeed their children under one year old.

10. Employee's permission to seek new job

During the 4857/27 notification periods, the employer may not be less than 2 hours a day for the employer to find a new job, and if the employee wishes, they can combine the job search leave hours and use them collectively.

11. Employee's Consent for Adoption

4857/74 One of the spouses who adopt a child under the age of 3 or the adopter will be given a maternity leave of 8 weeks from the date of actual delivery of the child.

12. Week Vacation Leave

Article 46 of the labor law numbered 4857 regulates the right to weekend vacation. According to this; It is essential that the worker who has worked fully on the working days of the week is given 24 hours of uninterrupted rest (week holiday) in a 7-day period. The wage of the week holiday is paid by the employer to the employee without any work compensation.

As can be seen, there are many laws regulating the rights of employees and many types of leave granted to employees. A careful effort is required to follow and implement the right to paid leave, which is a legal right. I guess we don't need to mention that you need a human resources department that works diligently to both deliver the rights of the employees and keep your company away from legal problems. At this point, the keyword that will help you in managing every business and process involving human resources is Stafik. It is the only ERP software of Turkey that is designed with a stable human resources focus. You can easily control the leave and other rights of your employees with Stafik.