Should Employers Pay for the First Two Days of Sickness Reports?

In recent days, there has been curiosity regarding whether employers should pay for the first two days of sickness reports. While there are differing opinions on this matter, it has come to issue that the decision of whether the first two days of sick leave taken by employees should be paid by the employer is not at the employer's initiative and these days must be compulsorily paid by the employer regardless of whether employees' salaries are determined on a monthly, fixed, hourly, or daily basis.

It is also understood that the officials from the Ministry of Labor and Social Security determined their approach by taking the guide named "Employer's and Employer Representative's Occupational Health and Safety Training Guide" ("İşveren ve İşveren Vekilinin İş Sağlığı ve Güvenliği Eğitim Rehberi" In Turkish) published in 2020.

In this guide, referring to below Article 409 of the Turkish Code of Obligations (In Turkish), which is frequently encountered in practice, it has been indicated that the employer is obliged to pay the employee's wages for these two days for the employees who are not unable to fulfill their work duties, obtaining a sickness report up to two days from a workplace doctor or any health institutions. However, if an employee receives a sickness report for three days or more, the Social Security Institution is covering the wages for those days.

In the case that the employee ceases to work:

Article 409 - In a long-term employment relationship, if the employee is temporarily unable to perform their work obligation for a short period due to illness, military service, or similar reasons without any fault, the employer is obligated to pay the employee a fair wage for that period if it is not covered in any other way.

In light of the above, to prevent any grievances for both employees and employers and to avoid administrative fines; employers are strongly encouraged to fully comply with their legal and social security obligations. It is important for employers to review their workplace practices related to wage payments and deductions, make necessary adjustments, and ensure proper applications.

You can access the document related to the mentioned guide through this link (In Turkish).

Should you have any queries or need further details, please contact your customer representative.