Annual leave is a paid period granted by employers so employees can rest, enjoy themselves, and attend to family needs. The right to annual leave is regarded as an important social entitlement for protecting workers’ physical and mental health. In this article we explain 2024 annual leave durations and provide guidance on how to calculate leave pay.
WHAT IS ANNUAL LEAVE?
Annual leave is regulated by the Labor Law (Law No. 4857) and related regulations. It entitles employees to be absent from work for a certain period while continuing to receive pay from their employer. Annual leave is granted so employees can rest, spend time with family, and attend to personal matters. Being on annual leave does not prohibit taking other work for a different employer unless restricted by contract or specific rules.
WHO IS ELIGIBLE FOR ANNUAL LEAVE?
The right to annual leave applies to all employees covered by the labor law. To benefit from this right, several conditions must be met:
- The employee must have completed at least one year of service with the employer. Periods when work is suspended due to transfer to another workplace of the employer or suspension of work for reasons related to the nature of the job are not counted toward the one-year service requirement.
- The employment contract should not be terminated during the annual leave period. If the contract is terminated, the employee is entitled to payment for the leave taken and may claim payment for any unused leave days.
- The employee must not be on medical leave during the annual leave period. Days spent on sick leave are not counted as annual leave days, although the employee receives pay for the sick leave periods according to applicable rules.
HOW MANY DAYS OF ANNUAL LEAVE IN THE PRIVATE SECTOR?
Annual leave durations for private sector employees vary according to total service time. Under the Labor Law, private sector leave durations are:
- Employees with one to five years of service (including five years): 14 days,
- Employees with more than five years and less than fifteen years of service: 20 days,
- Employees with fifteen years or more of service: 26 days.
NOTE: These durations are calculated according to the employee’s weekly working schedule. For employees whose weekly working days are fewer than six, annual leave is reduced proportionally. For example: a worker who works five days a week and has one to five years of service receives 12 days of annual leave.
CALCULATING ANNUAL LEAVE PAY IN THE PRIVATE SECTOR
Annual leave pay for private sector employees is calculated based on their gross wage, bonuses, premiums, overtime, and other regular payments during the relevant period, and the number of leave days used.
Use the following formula to calculate annual leave pay:
- Annual leave pay = (Gross wage + bonuses + premiums + overtime + meal allowance + transportation allowance + other regular payments) / 30 × number of leave days used
Example: a worker with a gross wage of 50,000 TL, bonus 5,000 TL, premium 3,000 TL, overtime 2,000 TL, meal allowance 3,000 TL, and transportation allowance 2,000 TL (no other payments) who has one to five years of service and uses 14 days of annual leave would have their leave pay calculated as:
- Annual leave pay = (50,000 + 5,000 + 3,000 + 2,000 + 3,000 + 2,000) / 30 × 14 = 23,333.33 TL
HOW MANY DAYS OF ANNUAL LEAVE FOR CIVIL SERVANTS?
Annual leave for civil servants is governed by the Civil Servants Law (Law No. 657) and related regulations. Leave durations depend on total length of service. Civil servants’ annual leave durations are:
- Employees with one to ten years of service (including ten years): 20 days,
- Employees with more than ten years of service: 30 days.
NOTE: Civil servant leave durations are not prorated by weekly working days. Civil servants must use their annual leave in full but may split it; however, any single continuous leave period must be at least 10 days.
CALCULATING ANNUAL LEAVE PAY FOR CIVIL SERVANTS
Civil servants’ annual leave pay is based on their monthly net salary. During annual leave they continue to receive their full monthly net pay. The calculation can be done as follows:
- Annual leave pay = Monthly net salary × number of leave days used / 30
Example: a civil servant with a net monthly salary of 60,000 TL and more than ten years of service who uses 30 days of annual leave would receive:
- Annual leave pay = 60,000 × 30 / 30 = 60,000 TL
DO SEASONAL WORKERS HAVE ANNUAL LEAVE RIGHTS?
According to the Labor Law (No. 4857), seasonal workers generally do not have statutory annual leave rights. Seasonal workers may obtain annual leave rights only if stipulated by a collective agreement or an individual employment contract. In such cases, leave durations and pay are applied according to the terms of the contract or agreement.
HOW MANY DAYS OF ANNUAL LEAVE FOR MINE WORKERS?
Annual leave for mine workers is regulated by the Occupational Health and Safety Law (Law No. 6331) and related regulations. Leave durations vary according to the mine’s hazard class and whether the work is underground. Typical arrangements are:
- Workers in very hazardous mines receive an additional 6 days of leave; depending on years of service they may have 20, 26, or 32 days of leave.
- Workers in hazardous mines receive an additional 4 days of leave; depending on years of service they may have 18, 24, or 30 days of leave.
- Workers in less hazardous mines receive an additional 2 days of leave; depending on years of service they may have 16, 22, or 28 days of leave.
- Underground mine workers receive an additional 4 days of leave; depending on the hazard class they may have 22, 28, or 34 days of leave.
Mine worker leave pay is calculated based on the worker’s gross wage using this formula:
- Annual leave pay = Gross wage / 30 × number of leave days used
Example: a worker with a gross wage of 70,000 TL working underground in a very hazardous mine with over 15 years of service would have 34 days of leave. Their leave pay would be:
- Annual leave pay = 70,000 / 30 × 34 = 79,333.33 TL
HOW MANY DAYS OF ANNUAL LEAVE FOR SEAFARERS?
Seafarers’ annual leave is regulated by the Maritime Labor Law (Law No. 854) and related regulations. Leave durations vary by the type of vessel and whether the seafarer remains on board. Common arrangements include:
- Seafarers on coastal voyage vessels receive an additional 4 days; depending on service they may have 18, 24, or 30 days of leave.
- Seafarers on coastal vessels who remain on board receive an additional 6 days; depending on service they may have 20, 26, or 32 days of leave.
- Seafarers on coastal vessels who do not stay on board receive an additional 2 days; depending on service they may have 16, 22, or 28 days of leave.
- Seafarers on high seas vessels receive an additional 8 days; depending on service they may have 22, 28, or 34 days of leave.
Seafarers’ annual leave pay is calculated from gross wages using the same formula:
- Annual leave pay = Gross wage / 30 × number of leave days used
Example: a seafarer with a gross wage of 80,000 TL working on a high seas vessel with between 5 and 15 years of service who uses 28 days of leave would have:
- Annual leave pay = 80,000 / 30 × 28 = 74,666.67 TL
HOW MANY DAYS OF ANNUAL LEAVE FOR SUBCONTRACTED (CONTRACT) WORKERS?
Annual leave for subcontracted workers is governed by the Labor Law (No. 4857) and related regulations. Their leave durations follow the same service-based rules as other private sector workers:
- One to five years of service (including five years): 14 days,
- More than five years and less than fifteen years: 20 days,
- Fifteen years or more: 26 days.
NOTE: Subcontracted workers’ annual leave is prorated if weekly working days are fewer than six. For example: a subcontracted worker who works five days a week and has one to five years of service receives 12 days of annual leave.
ARE WEEKENDS INCLUDED IN ANNUAL LEAVE?
Annual leave is granted continuously and includes weekends. Weekends that occur during the leave period are counted as leave days. Example: a worker who starts a 14-day leave on Monday will finish two weeks later on Monday.
ARE PUBLIC HOLIDAYS INCLUDED IN ANNUAL LEAVE?
Public holidays that fall during annual leave are not counted as annual leave days. If a public holiday occurs within the leave period, the holiday is not deducted from the employee’s annual leave entitlement. Example: if a worker begins a 14-day leave on Monday and a public holiday occurs during that period, the return day will be extended accordingly.
DO UNUSED ANNUAL LEAVE DAYS CARRY OVER?
The right to annual leave depends on completing at least one year of service with the employer. If the right is not used within the year, it may be carried over to the following year. However, annual leave must be used within three years at most. Unused leave that is not taken within three years is forfeited. Example: a worker entitled to 14 days of leave in 2021 can use that right until the end of 2024; if not used by then, the right is lost.
IS PAYMENT FOR UNUSED ANNUAL LEAVE PAID WHEN THE EMPLOYEE IS DISMISSED?
When an employment contract is terminated, the employee is paid for any annual leave already taken and may claim payment for unused leave days. Example: if an employee was entitled to 14 days of leave in 2024 but used only 7 days before termination, they are entitled to payment for the remaining 7 days. They may also claim payment for unused leave days from previous years that remain within the allowable carryover period.
Source: Official legislation and regulations governing annual leave and employment rights.