This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Yıllık İzin: Süreler, Devir ve Ücrete Dönüşme.
Annual leave as a rule cannot be carried over; both “use it or lose it” and “it rolls into next year” are wrong. The entitlement does not lapse: leave not given accumulates and is converted into money at the final wage when the employment ends. It cannot be paid out while the contract continues.
Annual leave is among the clearest provisions in the Labour Act — and among the most often breached in practice.
This article covers the entitlement, splitting leave, whether it can be carried over, and when it becomes payable in money.
The Entitlement
Article 53: paid annual leave is given to employees who have worked at least one year from the day they started, including the probationary period.
The length depends on service, and cannot be less than:
- fourteen days for one year to five years (including five)
- twenty days for more than five and less than fifteen years
- twenty-six days for fifteen years and more
For underground work each of those is increased by four days.
But for employees aged eighteen or under and fifty or over, annual leave cannot be less than twenty days.
The right to annual leave cannot be waived. That rule is mandatory: an employee saying “I would rather have the money than the leave” has no legal effect.
The periods can be increased by the contract of employment or a collective agreement.
Can Leave Be Split?
Article 56: annual paid leave cannot be split by the employer. It must be given continuously.
But by agreement between the parties it may be divided into at most three parts, one of which must be no fewer than ten days.
So even with agreement, one of the parts must be at least ten days.
Travel leave: for employees spending their leave somewhere other than where the workplace is, the employer must give up to four days of unpaid leave to cover travelling time, on request and on proof.
Under the same article the employer must keep a leave record showing the annual leave of everyone at the workplace.
That record decides later disputes: the employer must prove that leave was given, and does so with a signed leave book or record.
Does Unused Leave Expire?
“My leave has built up, I will take it all next year” is common. The legal position is different.
The Labour Act proceeds on the basis that leave is taken within the year it is earned. The employer is under a duty to give it, and the fact that it was not taken does not remove that responsibility.
On the other hand the entitlement is not lost: it accumulates and turns into money when the contract ends.
Leave also cannot be treated as taken during a period not worked: days on sick leave, public holidays and weekly rest days do not count against annual leave (Articles 55 and 56).
Another common error is the employer putting an employee on unpaid leave and recording it as annual leave; that is not a valid grant of leave.
| Practice | Assessment |
|---|---|
| Unused leave expires | Wrong: the entitlement does not lapse, it accumulates |
| Leave carries over to next year | Wrong: it must be given within the year it belongs to |
| Leave can be paid out during employment | Wrong: it becomes money only on termination |
| Leave can be split | Only by agreement, and one part must be at least 10 days |
| Travel leave | Up to 4 days unpaid, on request |
| Leave pay is calculated on the final wage | Correct |
| Leave pay is calculated on basic pay | Correct — unlike severance pay |
The employer must prove leave was given, through a signed leave record; without it, the employee's account prevails.
When It Becomes Money
Article 59: where the contract ends for any reason, the pay for the leave earned but not taken is paid to the employee at the wage in force on the date the contract ended.
Two points follow. First, it applies whatever the reason for termination — resignation, dismissal for just cause or expiry all count. Second, it is calculated on basic pay, not on the broad wage used for severance.
The claim is subject to a five-year limitation period running from the date of termination.
The employer must prove leave was given, and does it with a signed leave record. Keep your own note of the days you actually took — on termination the difference is paid at your final wage, and the claim runs for five years from that date.
Frequently Asked Questions
How many days am I entitled to?
At least fourteen days for one to five years' service, twenty for more than five and under fifteen, and twenty-six for fifteen and over — and never less than twenty for employees aged eighteen or under, or fifty or over.
Does unused leave expire?
No. It accumulates, and it is paid in money when the employment ends. It cannot be paid out while the contract continues.
Can my employer split my leave?
Not unilaterally. Only by agreement, into at most three parts, one of which must be at least ten days.
How is the payment calculated?
On the wage in force at the date of termination, and on basic pay rather than the broader wage used for severance.
How long do I have to claim it?
Five years from the date the contract ended.