Employees covered by the Social Security Institution provisions are entitled to compassionate leave in cases such as the death or serious illness of a close relative. The length of compassionate leave varies for employees who care for a disabled or chronically ill dependent, or who have children. In particular, there is interest in whether the coronavirus pandemic qualifies as a reason for compassionate leave.
Key Points About Compassionate Leave
Under Labor Law No. 4857, employees are entitled to only three days of compassionate leave when a close relative dies. Employees who have a child with a disability or a chronic illness may be entitled to up to 10 days of compassionate leave per year. Compassionate leave for private-sector employees is regulated by Labor Law No. 4857, while leave for civil servants is determined under Civil Servants Law No. 657. Employees covered by the Labor Law may take three days of compassionate leave for marriage or the death of a parent, spouse, child, or sibling. When an employee’s spouse gives birth, the employee may take five days of leave, and in the case of adoption, three days of compassionate leave are available.
If an employee has a child with at least 75% disability or a chronic condition and provides medical documentation of ongoing treatment, submission of a medical report allows the employee to use up to 10 days of paid leave within a year. This leave may be used either all at once or in portions throughout the year. In other words, the parent may take the full 10-day entitlement in a single block or split it across the year. Civil servants with disabled children are entitled to the same benefit. As with workers, only one of the spouses may use this leave.
Important Differences Between Worker and Civil Servant Leave
There are significant differences between compassionate leave for workers and for civil servants. Workers under the 4A status may take three days of leave for marriage, while civil servants are allowed seven days. Civil servants may also take seven days when their child marries. Workers do not have a specific compassionate leave entitlement when their child marries; they must request annual leave instead. Workers may only use compassionate leave for the death of their own parents and siblings. Civil servants, however, can use seven days of compassionate leave for the death of their spouse’s parents or siblings as well. A worker who requests leave for the death of a spouse’s parent or sibling must use their annual paid leave for that purpose.
Paternity Leave
A civil servant whose spouse has given birth is entitled to ten days of paternity leave. Workers are entitled to five days of paternity leave. If an employee adopts a child, they may use three days of compassionate leave. There is no overall annual limit on the total compassionate leave employees may use within a year, although collective bargaining agreements at workplaces where they apply can increase leave entitlements. Civil servants—aside from paternity, marriage, and bereavement leave—are allowed up to ten days of compassionate leave per year. In urgent circumstances, an additional ten days may be granted; however, such additional leave is deducted from the employee’s annual paid leave if taken a second time.
Separately, both workers and civil servants who give birth are granted 16 weeks of maternity leave: eight weeks before the birth and eight weeks after. In the case of multiple pregnancy, two additional weeks may be added to the pre-birth period. If the mother dies during childbirth or after delivery, any unused maternity leave may be transferred to the father. That means if the mother passes away, the father may use the remaining leave entitlement regardless of whether he is employed under 4A or 4C status.