Recently, the number of employees taking medical leave has increased, especially due to the coronavirus pandemic. However, there are important rules to follow when using medical leave. Employees who go on vacation while on sick leave can risk losing their jobs and forfeiting certain rights.
Going on Vacation While on Sick Leave as a Cause for Dismissal
While social media plays a major role in many areas of life, it has increasingly become key evidence in labor disputes. Posts shared on social media accounts are often accepted as proof in cases between employees and employers. In a notable ruling, the Court of Cassation (Yargıtay) found the employer justified in dismissing an employee who took leave, went on vacation, and posted holiday photos on social media. The court relied chiefly on the employee’s social media activity as decisive evidence.
In a case decided by the 9th Civil Chamber of the Court of Cassation, an employer dismissed a customer service representative for repeatedly taking medical leave, failing to attend work, causing unrest, and violating workplace rules. The employee’s attorney argued that the employer’s reasons were unfounded. According to the attorney, the employee had requested annual leave but the request was denied, and then fell ill for three days following a previous nasal surgery. The employer allegedly dismissed the employee on the grounds that the leave was taken deliberately to travel to their hometown. The attorney also explained that the frequent medical leaves were related to recovery from the nasal surgery and therefore claimed the dismissal was unjust and requested reinstatement.
Social Media Accepted as Evidence
The employer countered that the employee had taken 42 days of medical leave over a five-month period and argued these days were not used for rest due to illness. The employer said this conclusion was based on the employee’s social media posts. Specifically, the employer stated that when the employee requested time off and was told leave could not be granted because of a busy work period, the employee obtained a three-day medical report and then traveled to their hometown to spend the time as a vacation, which could be verified via social media.
The local court examined the employee’s social media accounts and initially concluded that being in one’s hometown, on holiday, or at a restaurant during days covered by medical leave did not in itself prove the leave was used for purposes other than rest. The employer appealed and the case was taken to the Court of Cassation.
The Court of Cassation sided with the employer regarding the taking and use of medical leave. In its ruling, the Court emphasized the provisions of the Labor Law concerning conduct that violates morality and good faith, noting that in such situations the employer may have grounds to terminate the employment contract without compensation. The Court stated that employees who abuse an employer’s trust may be dismissed without severance pay. According to the decision, the employee’s use of medical leave in place of requested annual leave raised doubts about the legitimacy of the health-related reasons and damaged the trust between employer and employee. Although the behavior might not always amount to gross misconduct, the Court held it could constitute a valid reason for dismissal.
The Court’s decision foresees that the dismissed employee would be entitled to notice and severance pay but that reinstatement would not be granted. The ruling serves as a warning to employees who frequently use medical leave: prolonged absence from work can be considered a valid cause for termination. The maximum allowable absence under such circumstances is set at eight weeks, with the employee’s length of service taken into account.