Health, family or personal circumstances that require an employee to stay away from the workplace for a period may arise at any time. Where annual leave is not sufficient to meet that need, unpaid leave comes into play, and in practice it almost always begins with a written application by the employee.
Putting the request in writing, fixing its duration at the outset and making clear what each party has consented to is not a matter of form; it may prove decisive for the fate of the employment contract, the insurance position and other entitlements.
Below we examine the circumstances in which such an application arises and the information that the petition should contain.
When Does a Request for Unpaid Leave Arise?
Unpaid leave is a form of leave taken by agreement between the parties while the employment relationship remains in existence. In practice the request arises in three main situations.
The existence of compelling and reasonable grounds. A prolonged illness, a family member becoming dependent on care, the post-natal period or education are the grounds that most often give rise to such an application. In these cases it is particularly important that the request be communicated in writing and that the duration of the leave be expressly stated.
An application by the employee. An employee who will be unable to work for a period because of illness, family developments, childbirth, study, a change of residence or other personal reasons may apply to the employer in writing and request unpaid leave. As a rule, the leave begins at the moment the employer gives its approval.
An offer made by the employer. In compelling circumstances such as a temporary contraction in the volume of work, economic difficulties or a suspension of operations, the employer may also propose unpaid leave to the employee. However, as a rule this cannot be implemented without obtaining the employee’s express consent.
Matters the Petition Must Contain
Whether the petition serves its purpose depends on its containing certain information in full. A text left vague may cause difficulties as regards the operation of the leave and the subsequent course of the employment relationship. The following information should be included:
- The date of the application. The day on which the petition is submitted is stated; it plays a part in establishing the moment of application and the commencement of the leave.
- Information concerning the employee. Full name, Turkish identity number, job title at the workplace and the department to which the employee is attached are specified.
- The full legal name of the addressee. The employer’s official legal name is written out in full; in corporate structures the application may be directed to the competent unit, such as Human Resources.
- The commencement and duration of the leave. The date on which it will begin and how long it will last are set out so as to leave no room for doubt.
- The ground on which the request is based. As a rule there is no requirement to state a reason; nevertheless, explaining a course of study, childbirth, a family development or a state of health may make acceptance easier.
- Signature. The text must be signed by the employee; a wet signature carries weight in proving that the application was made in writing.
For further detail, our note entitled What Is Unpaid Leave and How Is It Obtained? may also be consulted.
Independent Legal Assessment
Although unpaid leave may appear to be a simple administrative step, it has the effect of suspending the employment contract. Most disputes arise from leaving the duration undefined or from failing to record consent in a written document. The following points should be reviewed when preparing the application:
- Stating the period with its commencement and end dates
- Obtaining the employer’s approval in writing and retaining a copy with the employee
- Clarifying in advance how insurance declarations will be made during the leave period
- Establishing consent expressly where the leave begins on the employer’s proposal
- Recording the position where the request is refused or the period is altered unilaterally
Independent Legal advises parties on matters relating to the suspension of the employment contract.