This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ücretsiz İzin: İşveren Tek Taraflı Çıkarabilir mi?.
“You are going on unpaid leave for a while” is usually delivered as an announcement. In law it is an offer. Unpaid leave is a material change in working conditions: it must be notified in writing and accepted in writing. Silence is not acceptance.
This article explains when unpaid leave is valid, what happens if you do not agree, its effect on service and contributions, and the separate statutory right to unpaid leave after maternity.
Is Consent Required?
Unpaid leave is a period in which the employee is away from work without pay. The contract does not end; it is suspended.
That is a material change in working conditions. The Labour Act requires such a change to be notified to the employee in writing and accepted by them in writing. A change that is not accepted does not bind the employee.
Two mistakes are common in practice: notifying it orally, and treating silence as acceptance. Silence is not acceptance; the Act requires express written consent.
What Happens If You Do Not Agree?
Three possibilities follow:
- The employer drops it and work continues as before.
- The employer terminates. The termination is then assessed on whether it rested on a valid reason; an employee within the scope of job security may bring a reinstatement claim.
- The employer puts the employee on leave anyway. The employee may then terminate for just cause and claim severance pay.
In that last case the critical step is recording the position in writing: a letter stating that you did not consent to the unpaid leave is the foundation of any later case.
Service, Leave and Contributions
Time spent on unpaid leave affects entitlements differently:
- Length of service: as a rule time on unpaid leave does not count, because the contract is suspended.
- Annual leave: for the same reason it is not taken into account in accruing annual leave.
- Social security contributions: no contributions are paid because there is no work, which directly affects the number of days counting towards retirement.
- Health cover: because no contributions are paid, general health insurance cover can lapse after a period.
The last two are usually overlooked, and on a long period of unpaid leave they are where the real loss occurs.
| Matter | Position |
|---|---|
| Employer's power to impose it | None; written consent is required |
| Silence | Not acceptance |
| Length of service | As a rule the period does not count |
| Annual leave accrual | Not taken into account |
| Social security contributions | Not paid; retirement days are affected |
| Health cover | May lapse after a period |
| Unpaid leave after maternity | A statutory right; consent is not required |
Being placed on unpaid leave without consent gives the employee the right to terminate for just cause and claim severance pay.
Unpaid Leave After Maternity
There is one case in which unpaid leave is not the employer's offer but the employee's statutory right: unpaid leave after childbirth.
When maternity leave ends, the employee may on request take unpaid leave of up to six months. The employer's consent is not required; the request is enough.
The Act also provides for a request to work part-time for the care and education of the child. The two rights are alternatives, and the choice belongs to the employee.
Refusing a request for unpaid leave after childbirth, or terminating because of such a request, raises questions of discrimination — and compensation of up to four months' wages may be claimed under Article 5 of the Labour Act.
If you are told you are going on unpaid leave and you do not agree, say so in writing and keep proof. Silence is not consent in law, but a file with nothing in it is hard to run later — and being placed on leave without consent is what gives you the right to terminate for just cause with severance pay.
Frequently Asked Questions
Can my employer put me on unpaid leave?
Not unilaterally. Unpaid leave is a material change in working conditions and requires written notification and written acceptance. Silence is not acceptance.
What if I refuse?
The employer may drop it, may terminate (which is then assessed on whether there was a valid reason), or may impose it anyway — in which case you may terminate for just cause and claim severance pay.
Does unpaid leave count towards my service?
As a rule no, because the contract is suspended. It also does not count towards annual leave, and no social security contributions are paid.
What happens to my health cover?
Because no contributions are paid, general health insurance cover can lapse after a period. This is the loss most often overlooked.
Is unpaid leave after childbirth different?
Yes. Up to six months of unpaid leave after maternity leave is a statutory right; the employer's consent is not required, and a request to work part-time is an alternative.