SPK-02-05 · LABOR LAW

Annual Leave Pay Calculation

Calculation, to expert standards, of the pay claim for annual leave the employee earned but did not use when the employment contract ends, under Art. 53 et seq. of Labor Law No. 4857.

Updated: 29 September 2026 Reading time: ~6 min Basis: Law No. 4857 Art. 53-60

Annual leave pay is the pay claim due, under Art. 53 et seq. of Labor Law No. 4857, for annual leave the employee earned but did not use when the employment contract ends for any reason.

What is annual leave pay?

Depending on the length of service at the workplace, the employee has a right to paid leave every year. This right to leave is guaranteed by law. If the employment contract ends before the employee uses this leave, the unused leave days convert into pay and are paid to the employee as annual leave pay.

Like other labor claims, annual leave pay is calculated as gross and net. Income tax, SGK premium and stamp tax are deducted from the payment.

Legal Basis

Labor Law No. 4857 Art. 53–60, the Regulation on Annual Paid Leave and the case law of the 9th and 22nd Civil Chambers of the Court of Cassation.

Annual leave periods

Annual leave periods are determined by the employee's total length of service with the same employer:

Length of ServiceAnnual Leave
1 – 5 years14 days
5 – 15 years20 days
15 years and over26 days
Under 18 / over 50At least 20 days

Employees working underground are given at least 4 weeks (28 days) of leave each year. Leave periods may be increased by an employment contract or collective bargaining agreement, but may not be reduced.

Annual leave pay calculation formula

Annual Leave Pay = Daily Gross Wage × Unused Leave Days
Daily Gross Wage = Monthly Gross Wage Including Fringe Benefits / 30

Here, the gross wage including fringe benefits is found by adding all additional benefits the employee regularly received to the employee's last gross wage. The daily wage is obtained by dividing the monthly gross wage including fringe benefits by 30.

Sample annual leave calculation

SAMPLE CALCULATION · 2026 Annual Leave
Monthly gross wage₺ 30.000
Daily gross wage (30.000 / 30)₺ 1.000
Unused leave days25 days
GROSS ANNUAL LEAVE PAY₺ 25.000,00
SGK and unemployment premium (%15)-₺ 3.750,00
Income tax (%15)-₺ 3.187,50
Stamp tax (‰7,59)-₺ 189,75
NET ANNUAL LEAVE PAY₺ 17.872,75

Statute of limitations and proof

The statute of limitations for annual leave pay is 5 years. The period starts on the date the employment contract ends.

The burden of proof is on the employer. The employer must prove with a signed leave register or equivalent document that it allowed the employee to use annual leave. Otherwise, the employee is deemed not to have used any of the leave days.

Attention

Where leave records kept by the employer have not been signed by the employee, the Court of Cassation does not treat those records alone as evidence.

Court of Cassation decisions on the subject

Calculate your annual leave pay now

Unused leave days, income tax brackets and SGK deductions are applied automatically.

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Frequently asked questions about annual leave

How is annual leave pay calculated?

Annual leave pay is found by multiplying the employee's daily gross wage by the number of unused leave days. Formula: (Monthly gross wage / 30) × Unused leave days.

How long are annual leave periods?

Annual leave periods are: 14 days for 1-5 years, 20 days for 5-15 years, 26 days for 15 years and over. Employees under 18 and over 50 are given at least 20 days of leave.

What is the statute of limitations for unused annual leave pay?

The statute of limitations for annual leave pay is 5 years. The period starts on the date the employment contract ends.

Can annual leave pay be claimed while the employment contract continues?

Annual leave pay can be claimed if the contract ends without the leave having been used. If leave has not been used while the contract continues, the leave itself, not its pay, is claimed.

Who bears the burden of proving that I used annual leave?

The burden of proof is on the employer. The employer must prove with a signed leave register or equivalent document that it allowed the employee to use annual leave.

What deductions are made from annual leave pay?

Income tax, SGK premium and stamp tax are deducted from annual leave pay. In this respect it has the nature of wages.

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