KÜHEYLAN HUKUK
Annual Leave Entitlement 2026: How Many Days of Leave Are Allowed, How to Get Paid for Unused Leave? Labor Law No. 4857 art. Permit Periods, Divided Use, Burden of Proof and Permit Fee Calculation (2026) in accordance with 53-60 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Annual paid leave is granted to employees who have worked for at least one year as 14, 20 or 26 days, depending on the length of service, and this right cannot be waived. Unused leaves do not turn into wages while working; Regardless of the reason why the contract is terminated, it is paid based on the last gross bare wage. The burden of proof is on the employer to prove that the leaves have been granted, and this proof is made with a signed leave document. The receivable is subject to a five-year statute of limitations from the date of termination of the contract.
Annual paid leave is a right that guarantees the worker's right to rest and is based on Article 50 of the Constitution. Work
The law clearly states that this right cannot be waived. The most frequently asked topics in search engines; How many days of leave will be given, whether the leave can be divided, when the employer will allow the leave to be used, and how the unused leaves will be converted into wages when leaving the job.
This guide is based on Articles 53 to 60 of the Labor Law No. 4857 and the Annual Paid Leave Regulation and the Supreme Court of Appeals 9th Law.
It has been prepared within the framework of the current decisions of the Department.
Annual paid leave is granted to an employee who has worked for at least one year, starting from the day he started working, including the trial period. The duration of leave increases according to the employee's length of service:
These periods can be increased by an employment contract or collective bargaining agreement. National holidays, week holidays and general holidays that coincide with the leave period are not counted as leave period. A worker who will spend his leave in a place other than where his workplace is located is given free travel leave for a total of up to four days for departure and return, provided that he requests and documents this.
How to Use Leave?
Divided use: Annual leave cannot be divided by the employer. By agreement of the parties, the leave can be divided into maximum three parts, one part of which is not less than ten days (Labor Law article 56).
Obligation to provide leave: The leave is made available by the employer in the period following the year in which it is earned, taking into account the request of the employee and the work flow of the workplace. Failure to provide leave or incomplete use of leave will result in an administrative fine.
Leave fee: The fee for the leave period is paid in cash or given as an advance before the employee starts the leave (Art. 57).
Working in another job while on leave: The leave fee paid to an employee who is found to have worked in a paid job during his leave may be requested back (Article 58).
Unused leave cannot be converted into wages while the employment contract is ongoing; conversion only occurs upon termination of the contract. Whether the contract is terminated by the employee or the employer, rightfully or unjustly, does not change the result: the employee who resigns will also be paid for the leaves he did not use. The Supreme Court of Appeals consistently applies this principle (Supreme Court 9th HD, E. 2025/7113, K. 2025/8536, T. 05.11.2025).
The calculation is based on the last bare gross wage at the date of termination; regular benefits are not included as a rule.
The formula is: number of unused days x gross bare wage per day.
The burden of proving that annual leaves are granted belongs to the employer. The employer must prove this with a signed leave book or equivalent document; The employer, who has the burden of proof, can offer an oath to the employee (Supreme Court 9th HD, E. 2025/7946, K.
2025/9533, T. 04.12.2025). For this reason, even during periods when the workplace is closed collectively, leaves must be documented with forms signed by the worker. Unsigned consent sheets and one-sided computer records alone are not considered sufficient.
Annual leave pay receivables are subject to a five-year statute of limitations starting from the date of termination of the employment contract (Labor Law Annex Article 3). Since the period starts from the date of termination, leaves that were not used years ago can also be requested upon termination.
Case Summary: Mr. Hüseyin, who has been working in a factory for eight years, states that the workplace is closed for a week every year during the holidays and these days are deducted from his annual leave by the employer, but he is not asked to sign any documents. Legal Evaluation: If the employer cannot prove with documents signed by the employee that these days are used as annual leave, the days in question will not be considered used. In addition, holidays and public holidays that coincide with the leave period cannot be deducted from the leave. The leave fee that Mr. Hüseyin will request in case of termination is calculated accordingly.
Case Summary: Ms. Selin, who had been working in an advertising agency for three years, resigned to move to another job and the employer did not pay, saying "you have no rights because you resigned." Legal Evaluation: Resignation may affect the right to severance pay, but it does not affect the pay for unused annual leave. The portion of the 3 x 14 = 42 days that Ms. Selin is entitled to that she does not use must be paid based on her last gross wage; If it is not paid, it can be requested through mediation.
Can someone who leaves work during the trial period receive leave pay?
At least one year of employment is required to qualify for annual leave. An employee who leaves before completing one year is not entitled to annual leave pay.
Can the employer reject my leave request?
The employer can regulate the timing of the leave according to the workflow; However, there is no right not to use the leave at all. Continuous rejection of the leave request may also give the employee the opportunity for justified termination.
Can the days I am on sick leave be deducted from my leave?
No. In accordance with Article 55 of the Labor Law, certain periods of absence from work due to reasons such as illness and accident are counted as worked in order to qualify for annual leave, and sick days cannot be deducted from annual leave.
Not recording the leave granted with a document signed by the employee.
To write off holidays, weekends and public holidays that coincide with the leave period.
Assuming that the resigned employee will not pay for unused leave.
Considering that the waiver of leave is valid.
Calculating unused leave pay on a different wage basis instead of the final bare gross wage.
The factor that determines the outcome of annual leave disputes is whether the leave records are kept in a legally valid manner. For the employee, when the contract ends, all unused leave turns into wages; For the employer, every day spent without documentation may mean a receivable to be paid in the future.
Küheylan Law Firm tries to prevent disputes before they arise by providing legal support to workers in calculating and requesting annual leave pay receivables and to employers in documenting leave processes in accordance with the legislation.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK