09.11.2025 18:37
The Public Ombudsman Institution has issued a precedent-setting recommendation stating that holiday days falling on weekends should not be deducted from annual leave. The Ombudsman also provided the same recommendation to the Presidential General Secretariat to ensure uniform implementation across all public institutions and organizations. In its response, the Presidential General Secretariat stated that work would be carried out on this matter.
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The Public Ombudsman Institution has made an important recommendation regarding whether the holiday days coinciding with the weekend should be deducted from the annual leave period.
COMBINED ANNUAL LEAVE WITH HOLIDAY
A public employee living in Isparta used the holiday of Eid al-Adha from June 6 to 9 by combining it with annual leave. The employee, who noticed that the part of the holiday that coincided with the weekend was added to the annual leave, requested the return of the two extra days deducted from their leave.
RECEIVED A NEGATIVE RESPONSE, APPLIED TO KDK
The person who received a negative response from their institution applied to KDK with a request for the return of the deducted part of their leave. KDK requested information from the Ministry of Youth and Sports regarding the application.
In the response received, it was stated that in the opinion letter of the General Directorate of Personnel and Principles of the Presidential Administrative Affairs dated February 1, 2023, it was expressed that "the Saturdays and Sundays within the annual leave periods are included in the annual leave, while the national holidays, general holiday days, and periods considered as administrative leave by the Presidency that fall within the annual leave periods are not included."
The Ministry reported that within the scope of this opinion, the Saturdays and Sundays of Eid al-Adha, which fall within the annual leave period, were included in the annual leave, while the part that coincided with working days was not included.
REQUESTED UNIFORMITY IN APPLICATION
Finding the applicant justified, KDK recommended to the Ministry of Youth and Sports that the holiday days falling on weekends should not be deducted from the annual leave period.
KDK also advised the General Secretariat of the Presidency to ensure uniformity in application across all public institutions and organizations, recommending that general holiday days should not be deducted from the annual leave period regardless of which day of the week they fall on.
"WORK WILL BE DONE ON THIS ISSUE"
In the response letter sent to KDK by the General Directorate of Personnel and Principles of the General Secretariat of the Presidency, it was stated that the recommendation decision would be evaluated in the studies to be conducted on this issue.
The decision of the Public Ombudsman Institution pointed out that the right to rest is guaranteed by the constitution.
In the decision, it was emphasized that the annual leave granted to civil servants, weekend holidays, and public holidays are an integral part of this right and should not be interpreted restrictively, with the following statements made:
"- Annual leave is a period that employees use as a right to rest in return for their work obligations throughout the year.
- Public holidays, such as Eid al-Adha, are days declared as holidays by law when no work is done. Using annual leave for a public holiday creates a situation that is clearly against the employee's interest, restricting the right to rest and leave guaranteed under the Constitution and Law No. 657.
- Since the holiday days that fall within the annual leave dates and coincide with Saturdays and Sundays qualify as public holiday days according to Law No. 2429, they should not be deducted from the annual leave period, and it has been concluded that necessary measures should be taken to ensure uniformity in application across all public institutions and organizations regarding the non-deduction of public holiday days from the annual leave period, regardless of which day of the week they fall on."
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