One of the most common questions about civil servants is “Can a civil servant work while on unpaid leave?” Because a civil servant on unpaid leave remains subject to Law No. 657, they are not allowed to take up employment in any workplace during that leave.
Conditions for Unpaid Leave under Law No. 657
According to Law No. 657 and Article 108, the conditions under which civil servants may be granted unpaid leave are as follows:
- Under the last paragraph of Article 105, a civil servant may be granted unpaid leave up to 18 months at their own request if the period of leave is supported by a report from a medical board.
- Under Article 104, a civil servant who has given birth may be granted unpaid leave at their own request after their maternity leave ends; if the spouse of a civil servant gives birth, the civil servant may request up to 24 months of unpaid leave starting from the birth.
- A civil servant who, alone or with their spouse, adopts a child under three years old may, following permission from guardianship authorities, request up to 24 months of unpaid leave. If both adoptive parents are civil servants, they may split that 24-month unpaid leave into two consecutive parts to be used alternately, provided the total does not exceed 24 months.
- Civil servants who are sent abroad for education with scholarships, assigned overseas, temporarily appointed abroad for up to six months, or whose spouses accompany students sent abroad by public institutions, are eligible for unpaid leave for the duration of that education or assignment.
- Civil servants who have completed five years of service may be granted unpaid leave for up to one year in total, provided this right is exercised at most twice during their entire civil service career. Leave granted under Article 72 may be revoked in states of emergency, martial law, or disaster situations.
- If the reason for a leave of absence disappears, a civil servant who does not return to duty within 10 days after the unpaid leave ends is considered to have resigned from civil service.
- Civil servants called up for military service are regarded as being on unpaid leave for the duration of their military duty.
Rules Civil Servants Must Follow During Unpaid Leave
Civil servants on unpaid leave remain subject to Law No. 657 and must comply with certain prohibitions and obligations during their leave period.
- They may not engage in commercial activities as tradespeople or merchants under the Turkish Penal Code.
- They are prohibited from working elsewhere while on unpaid leave, or from holding positions in commercial or industrial enterprises.
- They may not open offices, clinics, or business premises such as a bureau or private practice.
- They cannot work at foundation universities or hold employment in other workplaces while on unpaid leave.