In Turkey, sick leave is a crucial aspect of labor rights, governed by Article 46 (c) of the Turkish Labor Law.
This provision outlines the entitlements and limitations surrounding sick leave for employees, striking a delicate balance between ensuring the well-being of the workforce and maintaining the stability of employment contracts in Turkey.
According to Article 46 (c), every employee in Turkey has the right to a maximum of one week’s paid sick leave upon presenting a valid medical report confirming their illness. This initial period of paid sick leave aims to provide employees the necessary time to recover without compromising their financial stability.
In the unfortunate event that an employee’s recovery extends beyond the initial one-week period, the Turkish Labor Law allows for extended sick leave. However, it’s essential to note that extended sick leave is typically granted on an unpaid basis, introducing financial implications for the affected employees during this period.
The Turkish Labor Law provides provisions for terminating employment contracts in cases of prolonged sick leave. If an employee’s sick leave exceeds six weeks beyond the notice periods stipulated by labor law, the employer reserves the right to terminate the employment contract. However, this termination must be executed with the payment of severance pay.
The duration of sick leave an employee can take without jeopardizing their employment varies based on their length of service. The following are the maximum durations of sick leave permissible for employees with different lengths of service:
- Less than 6 weeks of service: 2 weeks of sick leave.
- Between 6 weeks and 18 weeks of service: 4 weeks of sick leave.
- Between 18 weeks and 36 weeks of service: 6 weeks of sick leave.
- More than 3 years of service: 8 weeks of sick leave.
Notice periods, which are linked to an employee’s length of service, play a crucial role in determining the permissible duration of sick leave. It is important for employees to be aware of these thresholds to ensure compliance with the regulations.
In cases where an employee’s sick leave extends beyond six weeks beyond the stipulated notice periods, employers may exercise their right to terminate employment contracts without notice. For instance, if an employee with less than six weeks of service takes sick leave, the employer can terminate the contract without notice after eight weeks (2 weeks of notice + 6 weeks of sick leave).
Sick leave policies in Turkey, governed by Article 46 (c) of the Turkish Labor Law, underscore the importance of balancing employee health and well-being with the need for stable employment contracts. The provision allows for a reasonable period of paid sick leave, extending on an unpaid basis if necessary, while providing employers with the means to manage prolonged absences responsibly. Employees and employers alike must be familiar with these regulations to ensure a harmonious and legally compliant working relationship.
San Global is well-equipped to assist you with your Employer of Record (EOR) and payroll requirements (also known as the Umbrella Company) in Turkey. We are capable of handling your HR (Recruitment) needs, even in the absence of a legal entity in Turkey.