19 Kasım 2024
What is Excuse Leave? How Many Days is Excuse Leave?
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What is Excuse Leave?
Excuse leave is a legal leave that allows employees to temporarily leave work for a short period due to specific personal situations. It is a right designed to help employees maintain a balance between their social lives and professional obligations. In Türkiye, this type of leave is regulated under the Labor Law No. 4857.
When Can Excuse Leave Be Used?
Excuse leave is a legally guaranteed right for employees to take a break in the face of significant and unexpected situations. These include marriage, paternity leave after childbirth, the death of a first-degree relative, or adoption. Excuse leave enables employees to handle mandatory personal matters without being disadvantaged. These leaves are independent of annual leave rights and are typically used from the date of the event. Employers are legally required to approve these leave requests within the framework of the relevant regulations.
How Many Days is Excuse Leave?
The duration of excuse leave varies depending on the reason for the leave. According to Labor Law No. 4857, the durations are as follows:
Private Sector Excuse Leave
In the private sector, excuse leave is regulated under Labor Law No. 4857. Employees can use excuse leave for the specified situations without employer approval. Additionally, some employment contracts may grant additional leave rights, such as extra paid leave days for special circumstances.
According to Supplementary Article 2 of Labor Law No. 4857, excuse leave is defined as follows: “(Added: 4/4/2015-6645/35 art.) Employees are entitled to the following paid leaves: three days for marriage or adoption, or upon the death of a parent, spouse, sibling, or child; five days for the birth of a spouse's child; and up to ten days within a year for the treatment of a child with at least a 70% disability or chronic illness, based on a medical report and to be used by only one parent either as a whole or in parts.”
Excuse Leave Chart
| Type of Excuse Leave | Duration | Description |
|---|---|---|
| Marriage Leave | 3 days | Used for the employee's own marriage. |
| Adoption Leave | 3 days | Used for adoption. |
| Death of a First-Degree Relative | 3 days | Used for the death of a parent, spouse, sibling, or child. |
| Paternity Leave (Birth of Spouse’s Child) | 5 days | Used when the employee's spouse gives birth. |
| Leave for Caring for a Disabled/Chronically Ill Child | 10 days | Used for the treatment of a child with at least 70% disability or chronic illness. |
*Excuse Leaves within the Scope of Labor Law No. 4857
How to Apply for Excuse Leave?
The process for applying for excuse leave is as follows:
- Submit a Request to the Employer: The employee informs the employer of the reason for the leave. The request can be made verbally or in writing. To avoid legal disputes, it is recommended to submit the request in writing and provide supporting documents (e.g., marriage certificate, death certificate, birth certificate).
- Approval Process: The employer approves the leave request under the framework of the Labor Law. The use of this leave is a legal right and not subject to the employer's discretion.
Documenting the leave period through a written application helps secure the relationship between the employee and employer.
Does Excuse Leave Deduct from Annual Leave?
According to Labor Law No. 4857, excuse leaves are treated independently of annual leave rights. This means that using excuse leave does not reduce an employee's annual leave entitlement. For example, leaves granted for marriage, birth, or the death of a first-degree relative do does not affect annual leave.
However, in some workplaces, additional leave granted outside the scope of the law may be deducted from annual leave based on employer discretion or employment contract provisions. Employees are advised to review their employment contracts carefully.
Is Excuse Leave Paid?
Excuse leave is legally considered paid leave. Employees continue to receive their full salary during the leave period. For example; leaves for marriage, paternity after childbirth, the death of a first-degree relative, or adoption are protected under the law as paid leave. Employers cannot prevent the use of these leaves or make any deductions from the employee's salary during the leave period. For other situations not covered by the law, the payment terms for excuse leave depend on the employment contract or the employer's discretion. Employees should carefully review their employment contracts in such cases.
Frequently Asked Questions
Is maternity leave considered excuse leave?
No, maternity leave is a type of leave regulated under a separate heading in the Labor Law and is of longer duration. However, the 5 (five) days of paternity leave granted due to the spouse's childbirth falls under the category of excuse leave.
Can excuse leaves be carried forward?
No, excuse leaves are specific to certain events and must be used at the time of the event. They cannot be carried forward.
If an employee does not use their excuse leave, does the right remain valid?
No, excuse leave is event-specific and must be used when the event occurs.
Should you have any queries or need further details, please contact us.
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