Managing employees in Turkey requires employers to understand not only payroll and social security obligations but also the rules governing annual leave, unpaid leave, notice periods, sick leave and temporary incapacity benefits.
These areas are closely connected. An employee taking unpaid leave may see certain seniority calculations affected. An employee receiving a medical report during a notice period may have the notice period extended. An employer terminating an employee who is on long-term sick leave must consider specific statutory thresholds. Meanwhile, SGK may pay temporary incapacity benefits according to different rules depending on whether the absence results from ordinary illness, maternity, an occupational accident or an occupational disease.
For international employers, these distinctions are particularly important because Turkish employment rules may differ considerably from global HR policies.
This guide explains the main principles companies should understand when managing annual leave, notice periods and employee sick leave in Turkey.
Can an Employer Give Annual Leave in Advance?
Employees normally acquire statutory annual paid leave after satisfying the applicable seniority requirements.
However, situations frequently arise where an employee needs paid leave before formally acquiring sufficient annual leave entitlement.
For example, an employee may:
- Have worked for less than one year;
- Have already used their annual leave entitlement for the year;
- Need additional time off for personal reasons.
In such circumstances, annual leave may potentially be provided in advance against a future entitlement.
According to the principles reflected in Turkish case law, this can be possible where the employee requests the leave and the employer approves it.
The additional leave can then be deducted from the employee’s future annual leave entitlement.
What Happens if the Employee Leaves Before Earning the Advanced Leave?
This situation requires particular caution.
Suppose an employer allows an employee to use five days of annual leave in advance, but the employee resigns before acquiring the future leave entitlement against which those days were supposed to be offset.
The employer should not automatically assume that the value of those days can be deducted from the employee’s final salary.
Because granting annual leave in advance is fundamentally within the employer’s discretion, it is advisable to obtain written documentation when the advanced leave is granted.
This documentation should ideally include:
- The employee’s written request for advanced annual leave;
- Confirmation that the leave will be deducted from a future entitlement;
- The employee’s consent concerning the agreed consequences if employment ends before the advanced leave balance is recovered.
Without appropriate written authorization, an employer may encounter difficulty deducting the value of advanced leave from the employee’s salary.
This issue has been addressed by the 9th Civil Chamber of the Turkish Court of Cassation, File No. 2016/26145, Decision No. 2020/11957.
Can an Employer Force an Employee to Take Unpaid Leave?
As a general principle, an employer cannot simply place an employee on unpaid leave without the employee’s consent, unless legislation specifically authorizes such a measure.
Unpaid leave suspends important obligations arising from the employment relationship and can directly affect the employee’s income and statutory rights.
Consequently, employer-imposed unpaid leave requires particular caution.
Turkish Court of Cassation case law has treated forced unpaid leave, in certain circumstances, as equivalent to a unilateral termination of the employment contract by the employer.
This approach was addressed by the 9th Civil Chamber of the Court of Cassation in File No. 2004/22912, Decision No. 2005/13742.
Can Forced Unpaid Leave Give the Employee the Right to Terminate?
Yes, depending on the circumstances.
Where an employer improperly forces an employee to take unpaid leave without the employee’s consent, the employee may have grounds to terminate the employment contract for just cause.
Where the applicable statutory conditions are satisfied, the employee may then claim relevant employment rights, including statutory termination-related entitlements.
The Court of Cassation addressed this issue in File No. 2014/31153, Decision No. 2016/4095.
Employers should therefore distinguish carefully between:
agreed unpaid leave
and
unilaterally imposed unpaid leave.
They are not legally equivalent.
Can an Employer Require an Employee to Take Paid Annual Leave?
Paid annual leave is different from unpaid leave.
Under Turkish annual leave rules, the employer or annual leave committee is not necessarily bound by the exact dates requested by the employee.
The employee’s request should be considered together with operational requirements and the company’s annual leave schedule.
An employee cannot simply waive the statutory right to annual leave.
At the same time, the employer has an obligation to ensure that annual leave is actually used.
Consequently, where an employee refuses to use accumulated annual leave or has not taken annual leave for a long period, the employer may, subject to the applicable rules and the duty to act in good faith, determine when the employee will use paid annual leave.
Is the Employer’s Right to Schedule Annual Leave Unlimited?
No.
The employer’s management authority over annual leave should not be exercised arbitrarily.
Court of Cassation case law emphasizes principles of good faith, objectivity and equal treatment.
The employer should consider both:
- The employee’s requested dates; and
- The operational requirements of the business.
Employers should avoid discriminatory annual leave scheduling or using annual leave arrangements as a disguised disciplinary measure.
This principle was addressed by the 9th Civil Chamber of the Court of Cassation, File No. 2006/15954, Decision No. 2006/17843.
Does Unpaid Leave Count Towards Seniority?
Periods of unpaid leave require particular attention because the employment contract remains in existence while certain contractual obligations are suspended.
According to the Court of Cassation principles provided, periods of unpaid leave are generally not included in the relevant seniority calculation for severance purposes.
This approach was addressed in 9th Civil Chamber File No. 2010/1982, Decision No. 2012/9363.
For employers, this means that calendar time between the employee’s original start date and termination date does not necessarily correspond exactly to the service period used for every statutory calculation.
Does Unpaid Leave Count Towards Annual Leave Seniority?
Periods of unpaid leave are also generally excluded when determining the employee’s service period for annual leave entitlement.
The relevant Court of Cassation approach was addressed in File No. 1995/24545, Decision No. 1996/62.
HR departments should therefore maintain accurate records of unpaid leave rather than relying solely on the employee’s original hiring date.
Is Annual Leave Calculated Pro Rata for an Incomplete Year?
As a general principle reflected in the material, annual leave entitlement is determined according to completed years of service.
An incomplete additional period does not automatically generate a proportional annual leave entitlement upon termination.
For example, consider an employee who leaves after:
1 year and 6 months of service.
The employee has completed one full year and therefore acquired the annual leave entitlement associated with that completed year.
The additional six months do not automatically generate half of another annual leave entitlement.
In other words, the employer would not simply calculate:
14 days ÷ 2 = 7 additional days.
This principle was addressed by the 9th Civil Chamber of the Court of Cassation, File No. 2015/27272, Decision No. 2018/23869.
What Happens to the Incomplete Service Period if the Employee Returns?
The treatment becomes particularly interesting where the employee later returns to work for the same employer.
Using the previous example, an employee worked for 1 year and 6 months, left the company and later returned.
If the employee subsequently completes another six months with the same employer, the previous incomplete six-month period may become relevant when determining total service for annual leave purposes.
The combined service would then reach:
1 year 6 months + 6 months = 2 years.
Employers should therefore preserve accurate historical employment records even when former employees leave the company for extended periods.
What Is the Notice Period in Turkey?
Notice periods apply primarily to the termination of indefinite-term employment contracts.
Under Article 17 of Labour Law No. 4857, the party terminating an indefinite-term contract must generally notify the other party in advance.
The statutory notice period depends on the employee’s length of service.
Statutory Notice Periods
For an employee with less than six months of service, the notice period is:
2 weeks
For an employee with between six months and 1.5 years of service, the notice period is:
4 weeks
For an employee with between 1.5 and 3 years of service, the notice period is:
6 weeks
For an employee with more than 3 years of service, the notice period is:
8 weeks
These periods are important for both employers and employees.
Who Pays Notice Compensation?
Notice obligations are not exclusively an employer obligation.
Where either party terminates an indefinite-term employment contract without respecting the applicable notice period, the party failing to comply may become liable for notice compensation (ihbar tazminatı) corresponding to the applicable notice period.
This means that, depending on the circumstances, an employee can also become liable for notice compensation where the employee resigns without respecting the required notice period.
Can an Employer Terminate Immediately by Paying the Notice Period?
Yes.
An employer may terminate the employment relationship without requiring the employee to work throughout the notice period by paying compensation corresponding to the notice period in advance, subject to the applicable legal rules.
This allows the employer to end active employment immediately while financially compensating the employee for the statutory notice period.
When Is Notice Compensation Not Payable?
Notice compensation does not apply to every form of employment termination.
Several circumstances may fall outside the ordinary notice compensation framework.
These can include:
- Termination during a valid probationary period;
- Qualifying termination by a female employee because of marriage;
- Qualifying termination for military service;
- Retirement-related termination;
- Termination based on an applicable SGK document relating to retirement conditions;
- Expiration of a valid fixed-term employment contract;
- Immediate termination for legally recognized just cause;
- Termination resulting from death.
The exact treatment depends on the legal basis for termination.
Notice Compensation and Marriage
Where a qualifying female employee terminates the employment contract because of marriage under the applicable statutory conditions, ordinary notice compensation is not generally required.
However, the employee may remain entitled to other statutory termination rights where the applicable conditions are satisfied.
Employers should therefore avoid assuming that the absence of notice compensation means that no termination-related payment is due.
Notice Compensation and Military Service
A similar distinction applies where a qualifying employee terminates employment for military service.
The termination may create rights under the statutory employment framework while not requiring the ordinary notice period applicable to a standard resignation.
Notice Compensation and Retirement
Where employment ends because the employee retires or qualifies under the relevant social security rules, ordinary notice compensation may not apply in the same way as a standard employer termination.
The employee’s eligibility and supporting SGK documentation should be reviewed carefully before final payroll is calculated.
Notice Periods and Fixed-Term Contracts
A genuinely fixed-term employment contract normally ends upon the agreed expiration date without requiring the ordinary notice process applicable to indefinite-term employment contracts.
However, employers should be careful when using successive fixed-term contracts because the legal classification of the relationship can change depending on the circumstances.
Immediate Termination for Just Cause
Where either the employer or employee has a legally recognized just cause for immediate termination, the ordinary notice period may not apply.
The precise consequences depend on:
- Which party terminates;
- The statutory reason relied upon;
- Whether the legal conditions for immediate termination are satisfied.
Because incorrect classification can create compensation exposure, employers should document the reason for immediate termination carefully.
What Happens if an Employee Becomes Sick During the Notice Period?
An important complication arises when an employee obtains a medical report while serving a notice period.
According to the Court of Cassation approach described in the source material, the medical leave period and notice period do not simply run simultaneously.
The notice period may therefore be extended by the duration of the relevant medical report.
For example, if an employee has a four-week notice period and receives a qualifying one-week medical report during that period, the termination date may be affected accordingly.
Does the Employment Relationship Continue During the Medical Report?
Yes.
Where the notice period is extended because of the employee’s medical report, the employment relationship continues during the relevant period.
This can have consequences beyond the termination date itself.
Because the employee remains employed, the employee may continue to benefit from certain social and economic rights provided at the workplace.
The extension can also potentially affect seniority-based rights where the employee crosses a relevant statutory threshold during the extended employment period.
What Is Job Search Leave During the Notice Period?
Employees serving a notice period are generally entitled to paid job search leave to find new employment.
The applicable entitlement described in the material is:
2 hours per working day.
This leave should be provided during working hours without reducing the employee’s salary.
The objective is to allow an employee whose employment is ending to search for another position before the termination becomes effective.
What Happens if the Employee Already Finds Another Job?
An interesting issue arises where the employee finds a new job before the notice period ends.
Does the employer still have to provide job search leave?
According to Court of Cassation case law, the answer may be yes.
The reasoning is that even where the employee has already found another job, continuing job search leave may allow the employee to find an even more suitable opportunity.
This approach was addressed by the former 22nd Civil Chamber of the Court of Cassation, File No. 2014/19980, Decision No. 2015/33173.
Can the Employee Leave Early After Finding Another Job?
Finding another job does not automatically allow the employee to disregard the remaining notice period.
Where the employee leaves before the notice period ends without an appropriate legal basis, notice compensation consequences may arise.
Employers and employees should therefore avoid assuming that the existence of a new employment offer automatically cancels the existing notice obligation.
Can an Employer Deduct Notice Compensation From the Employee’s Final Salary?
Suppose an employee suddenly resigns without working the required notice period.
Can the employer simply deduct the notice compensation from the employee’s final salary?
According to the Court of Cassation approach reflected in the material, the employer should not automatically make such a unilateral deduction from the employee’s salary.
Where an employer wishes to recover notice compensation from an employee who resigned without respecting the notice period, legal proceedings may be required.
The 9th Civil Chamber of the Court of Cassation, File No. 2014/2121, Decision No. 2015/13350, addressed the principle that deductions should not simply be made from employee wages without an appropriate legal basis or judicial decision.
This is particularly important for payroll teams processing final salary.
What Is Temporary Incapacity Benefit in Turkey?
Employees who are temporarily unable to work because of certain medical or employment-related circumstances may qualify for temporary incapacity benefit (geçici iş göremezlik ödeneği).
The benefit is commonly referred to in practice as rapor parası, or medical report payment.
It is paid by SGK during qualifying periods when the insured person is temporarily unable to work based on a medical report issued by an authorized doctor or medical board.
The benefit can apply in situations involving:
- Occupational accidents;
- Occupational diseases;
- Ordinary illness;
- Maternity.
The applicable rules vary depending on the reason for incapacity.
Are 4/B Insured Individuals Entitled to Sick Pay for Ordinary Illness?
Individuals insured under the 4/B (Bağ-Kur) regime are treated differently from ordinary 4/A employees for certain temporary incapacity benefits.
According to the rules provided, 4/B insured individuals do not receive temporary incapacity benefit from the ordinary sickness insurance branch in the same way as eligible 4/A employees.
The insured person’s social security classification should therefore always be identified before determining entitlement.
Does SGK Pay From the First Day of Ordinary Sick Leave?
For ordinary illness, SGK generally does not pay temporary incapacity benefit for the first two days of the medical report under the framework provided.
For example, if an eligible employee receives a five-day medical report for ordinary illness, SGK would generally pay the temporary incapacity benefit for:
5 days − 2 days = 3 days.
Different rules apply to occupational accidents, occupational diseases and maternity.
Occupational Accidents and the Two-Day Waiting Period
For qualifying occupational accidents, the ordinary two-day deduction does not apply according to the material.
The same principle applies to qualifying occupational diseases and maternity-related temporary incapacity.
This distinction makes the correct classification of the employee’s absence particularly important.
An ordinary sickness report and an occupational accident report can produce different SGK benefit calculations.
How Much Temporary Incapacity Benefit Is Paid?
The amount depends partly on whether treatment is inpatient or outpatient.
For inpatient treatment, the temporary incapacity benefit is generally:
1/2 of the insured employee’s applicable daily gross earnings.
For outpatient treatment, the benefit is generally:
2/3 of the applicable daily gross earnings.
The benefit is treated according to the specific tax rules applicable to SGK temporary incapacity payments.
These principles are based on Article 18 of Law No. 5510.
What Are the Conditions for Temporary Incapacity Benefit?
Several conditions may apply depending on the reason for incapacity.
For ordinary sickness benefit under the framework provided, important requirements include:
- The employee’s insured status must still exist when the incapacity begins;
- The employment relationship must therefore generally still be in force;
- At least 90 days of short-term insurance contributions during the preceding year must have been reported;
- The medical report must be issued by a doctor or medical board authorized by SGK.
For employees insured under 4/A, temporary incapacity benefit procedures are generally handled electronically through the relevant SGK system.
A separate paper application to SGK is not ordinarily required for the standard process described.
Can an Employee Be Dismissed While on Sick Leave?
Being on medical leave does not create an absolute prohibition against terminating employment.
According to the material provided, there is no general rule preventing an employer from processing an employee’s termination merely because the employee currently has a medical report.
Nor does the mere fact of terminating an employee during medical leave automatically create an SGK administrative penalty.
However, this does not mean that the termination is automatically lawful from an employment-law perspective.
The employer must still have a legally valid basis for the termination and comply with the employee’s statutory rights.
What Happens to SGK Sick Pay After Employment Ends?
Where employment ends while a medical report is still ongoing, the employee’s temporary incapacity benefit may continue for a limited period under the framework described.
The material indicates that the employee may continue receiving the relevant benefit for up to nine additional days, with payment ceasing from the tenth day after the insured status ends under the described circumstances.
Employers should distinguish this social security consequence from the separate question of whether the employment termination itself was legally justified.
Can an Employee Dismissed During Sick Leave Claim Compensation?
Potentially, yes.
If an employee is dismissed while on medical leave and the employer does not have a legally recognized just cause eliminating the relevant entitlements, the employee may potentially claim statutory termination rights.
Depending on the circumstances and eligibility conditions, this may include:
- Notice compensation;
- Statutory seniority-related compensation;
- Reinstatement proceedings where applicable.
Each termination should therefore be assessed individually.
Who Pays for the First Two Days of Ordinary Sick Leave?
This is one of the more nuanced issues in Turkish employment practice.
For ordinary sickness, SGK generally does not pay temporary incapacity benefit for the first two days.
The source material notes that neither employment legislation nor social security legislation contains a straightforward general provision expressly requiring the employer to replace those two unpaid SGK days in every case.
However, Article 409 of the Turkish Code of Obligations introduces an important consideration.
It provides, in substance, that in a long-term employment relationship, where an employee is unable to perform work for a relatively short period without fault because of illness, military service, statutory duties or similar reasons, the employer may have an obligation to pay equitable remuneration where the employee is not compensated through another mechanism.
The source also refers to guidance published by the Ministry of Labour and Social Security in 2020 interpreting this provision in relation to the first two days of medical leave.
Employers should therefore approach the issue carefully rather than assuming automatically that the first two days are always unpaid under every legal framework.
Can an Employee Go on Holiday While on Medical Leave?
Medical leave is intended to allow an employee who is medically unable to work to recover.
An employee using a medical report for purposes inconsistent with the claimed incapacity may therefore create a serious employment-law issue.
The Court of Cassation has examined situations where an employee went on holiday while officially on medical leave.
In 9th Civil Chamber File No. 2018/5003, Decision No. 2021/159, the employee’s conduct was considered in the context of misuse of the employer’s trust and conduct inconsistent with duties of honesty and loyalty.
The Court upheld the employer’s position in the circumstances of that case and rejected the employee’s relevant termination compensation claims.
Employers should nevertheless avoid automatically dismissing every employee who travels during medical leave.
The specific medical condition, nature of the trip, employee conduct and evidence should be examined before taking disciplinary action.
Can an Employer Terminate an Employee on Long-Term Sick Leave?
Turkish employment law provides a specific framework for extended medical absence.
Under Article 25 of Labour Law No. 4857, an employer’s right to terminate for health-related absence may arise once the employee’s uninterrupted absence exceeds the applicable Article 17 notice period by six additional weeks, subject to the statutory rules.
This creates different thresholds depending on the employee’s seniority.
Long-Term Sick Leave Thresholds
For an employee with up to six months of service, the relevant threshold described is:
2 weeks + 6 weeks
For an employee with between six months and 1.5 years of service:
4 weeks + 6 weeks
For an employee with between 1.5 and 3 years of service:
6 weeks + 6 weeks
For an employee with more than three years of service:
8 weeks + 6 weeks
Once the relevant uninterrupted medical absence threshold is exceeded, the employer may acquire a statutory termination right under the applicable conditions.
Is Notice Compensation Payable After Long-Term Medical Absence?
Where the statutory conditions for termination under the relevant health-related provision are satisfied, the employer may terminate without ordinary notice compensation under the framework described.
However, where the employee has the necessary seniority and other conditions are satisfied, statutory seniority-related compensation may remain payable.
Employers should therefore distinguish carefully between:
notice compensation
and
other termination entitlements.
The absence of one does not automatically eliminate the other.
Special Rules for Pregnancy and Childbirth
The calculation of the health-related termination threshold is subject to special treatment in cases involving pregnancy and childbirth.
The statutory maternity periods under Article 74 must be taken into consideration before the relevant additional health-related absence period begins to run.
Employers should therefore never apply ordinary long-term sickness termination calculations mechanically to maternity-related absence.
Can an Employee Be Dismissed for Frequently Taking Sick Leave?
Frequent short-term medical reports create a different legal issue from one continuous long-term medical report.
Court of Cassation decisions have recognized that repeated short-term absences can, in certain circumstances, negatively affect:
- Workflow;
- Workforce planning;
- Operational continuity;
- The sustainability of the employment relationship.
Where repeated absences create substantial workplace disruption, termination may potentially be based on a valid reason, depending on the circumstances.
Does the Employer Need to Prove Operational Disruption?
Yes, this is an important point.
The mere fact that an employee has several genuine medical reports does not automatically justify termination.
According to the Court of Cassation approach reflected in the material, the employer should be able to demonstrate that the repeated absences actually created negative consequences for the workplace or employment relationship.
Relevant evidence might include disruption to work organization, repeated need for replacement personnel or other objective operational difficulties.
Court of Cassation decisions referenced in this context include:
9th Civil Chamber File No. 2018/4226, Decision No. 2018/9997
and
9th Civil Chamber File No. 2019/6197, Decision No. 2020/136.
Is Frequent Sick Leave a Just-Cause Termination?
The distinction between valid reason and just cause is important.
According to the material provided, frequent medical leave creating workplace disruption can fall within a valid-reason termination framework rather than automatically constituting immediate termination for just cause.
Consequently, applicable termination compensation, including notice and seniority-related payments, may remain due.
The employer also does not necessarily have to wait for the continuous notice period + six weeks threshold applicable to a different category of long-term uninterrupted medical absence.
Which Salary Is Used to Calculate Temporary Incapacity Benefit?
The reference earnings period depends on the reason for incapacity.
For an occupational accident or occupational disease, the calculation described uses the average earnings subject to social security contributions during the:
last 3 months preceding incapacity.
For ordinary sickness and maternity, the calculation uses the relevant average earnings subject to contributions during the:
last 12 months preceding incapacity.
These distinctions are based on the rules referenced under Article 17 of Law No. 5510.
Payroll teams should therefore avoid using the employee’s current monthly salary alone when estimating SGK temporary incapacity benefits.
Why Accurate Sick Leave Reporting Matters
Medical leave affects several areas simultaneously.
It can influence:
- SGK contribution days;
- Payroll;
- Temporary incapacity benefits;
- Notice periods;
- Employee seniority;
- Termination dates;
- Termination rights.
A medical report should therefore not simply be recorded as an absence in the HR system without considering its broader legal and payroll consequences.
Coordination between HR and payroll is particularly important where a medical report occurs during an employee’s notice period or shortly before termination.
Managing Annual Leave Compliance
Employers should maintain an accurate annual leave register showing:
- Employee start date;
- Previous periods of employment where relevant;
- Annual entitlement;
- Leave already used;
- Remaining leave;
- Advanced leave;
- Unpaid leave periods;
- Written employee requests;
- Employer approvals.
Advanced leave should be clearly distinguished from statutory leave already earned.
This reduces disputes when an employee leaves before the advanced entitlement has accrued.
Managing Notice Periods Correctly
When an indefinite-term employment contract is being terminated, HR teams should first determine:
- Who is initiating the termination;
- The legal basis for termination;
- The employee’s total seniority;
- Whether ordinary notice rules apply;
- The applicable notice period;
- Whether the employee will work the notice period;
- Whether payment in lieu will be made;
- Whether job search leave must be provided;
- Whether a medical report affects the termination date.
This review should take place before the final termination date is entered into payroll or SGK systems.
Managing Medical Reports and SGK
When an employee submits a medical report, employers should determine:
- Whether the report concerns ordinary illness;
- Whether it relates to an occupational accident;
- Whether an occupational disease is involved;
- Whether it relates to maternity;
- Whether the employee remains insured;
- Whether the contribution conditions for SGK benefit are satisfied;
- Whether the employee is currently serving a notice period;
- Whether the absence is continuous or part of repeated short-term medical leave.
These distinctions determine both payroll treatment and employment-law consequences.
HR Compliance for International Employers in Turkey
Global HR policies frequently contain rules concerning annual leave, sickness absence and termination.
However, these policies must be reconciled with mandatory Turkish employment and social security rules.
For example, a global policy may allow an employer to deduct negative annual leave balances automatically from final salary. Turkish rules may require additional legal analysis and employee authorization before such a deduction can safely be made.
Similarly, a global sickness policy may specify a certain maximum absence period, but statutory Turkish termination rules must still be respected.
International employers should therefore ensure that local Turkish procedures supplement global policies where necessary.
Payroll and Employer of Record Support in Turkey
Companies operating in Turkey through their own legal entity can outsource payroll and HR administration to a local provider.
This can include support with:
- Monthly payroll;
- Annual leave administration;
- SGK declarations;
- Medical report processing;
- Temporary incapacity procedures;
- Employee onboarding;
- Employee termination;
- Final payroll calculations.
Foreign companies without a local employing entity may instead use an Employer of Record (EOR) in Turkey.
An EOR provides the local employment infrastructure required to employ personnel while managing local employment administration and payroll in accordance with the agreed arrangement.
How Azkan Group Supports International Employers
Azkan Group provides Employer of Record, payroll and HR administration services for international companies employing personnel in Turkey.
Support can cover the entire employment lifecycle, including employee onboarding, monthly payroll, SGK administration, annual leave tracking, employee benefits and termination procedures.
Managing medical reports and notice periods correctly is particularly important because an apparently simple change in an employee’s absence status can affect payroll, SGK benefits and the effective termination date.
Local HR and payroll expertise can therefore help international employers coordinate these obligations while maintaining compliant employment processes in Turkey.
Frequently Asked Questions
Can an employee use annual leave before completing one year?
An employer may agree to provide annual leave in advance under the circumstances described, particularly where the employee requests it. Written documentation is advisable.
Can advanced annual leave be deducted automatically from final salary?
Employers should be cautious. Without an appropriate written request and consent concerning the consequences of early termination, a unilateral deduction can create legal issues.
Can an employer force an employee to take unpaid leave?
As a general principle, an employer cannot unilaterally impose unpaid leave without employee consent unless legislation specifically provides otherwise.
Can an employer decide when an employee takes annual leave?
The employer has significant management authority regarding annual leave scheduling and is not necessarily bound by the employee’s preferred dates. However, this authority must be exercised objectively and in good faith.
Does unpaid leave count towards annual leave entitlement?
Periods of unpaid leave are generally excluded from the relevant annual leave seniority calculation under the principles described.
What is the maximum notice period under the statutory scale?
For employees with more than three years of service, the statutory notice period described under Article 17 is eight weeks.
Does an employee have to give notice when resigning?
Where an indefinite-term employment contract is terminated through an ordinary resignation and no exception applies, the employee may also be subject to the applicable statutory notice obligation.
Does an employee receive job search leave during the notice period?
Yes. The material provides for two hours of paid job search leave per working day during the notice period.
What happens if an employee gets sick during the notice period?
Under the Court of Cassation approach described, a qualifying medical report can extend the notice period because the medical leave and notice period do not simply overlap.
Does SGK pay sick leave from the first day?
For ordinary sickness, the first two days are generally excluded from SGK temporary incapacity benefit under the framework described. Different rules apply to occupational accidents, occupational diseases and maternity.
How much does SGK pay during temporary incapacity?
The material provides for one-half of the relevant daily earnings for inpatient treatment and two-thirds for outpatient treatment, subject to the applicable statutory calculation rules.
Can an employee be dismissed while on medical leave?
Medical leave does not create an absolute prohibition against termination. However, the employer must still comply with Turkish employment-law requirements and the employee may retain compensation or reinstatement rights depending on the circumstances.
Can frequent sick leave justify termination?
Potentially. Where repeated medical absences objectively disrupt the workplace and make continuation of the employment relationship unreasonable, Court of Cassation case law has recognized the possibility of valid-reason termination. The employer should be able to demonstrate the operational impact.
When can long-term sickness create a termination right?
Under the framework described, the employer’s termination right can arise when uninterrupted medical absence exceeds the employee’s applicable statutory notice period by six weeks, subject to Article 25 and special rules such as those concerning maternity.
Conclusion
Managing annual leave, notice periods and sick leave in Turkey requires employers to coordinate employment-law rules with SGK and payroll procedures.
Annual leave cannot be treated simply as an internal company benefit. Employers need to distinguish earned leave from advanced leave, paid leave from unpaid leave and completed service years from incomplete periods.
Termination requires similar care. Notice periods range from two to eight weeks depending on seniority, and both employers and employees can have notice obligations. Medical reports issued during the notice period can also affect the effective termination date.
Sick leave introduces another layer of complexity. SGK temporary incapacity benefits vary depending on whether the absence results from illness, maternity, an occupational accident or an occupational disease. Long-term and frequently repeated medical absences also have different employment-law consequences.
For international companies employing staff in Turkey, integrating HR administration, payroll, SGK reporting, annual leave management and termination procedures is therefore essential for maintaining compliant and predictable employment processes.
