ITO's application to the Council of State against the annual leave regulation of physicians

Istanbul Medical Chamber (ITO) brought to the Council of State the regulation of the Ministry of Health regarding the deduction of Saturdays and Sundays, which coincide with the annual leave periods of physicians, from their annual leave rights.

Cumhuriyet, İTO Law Office and İTO Board Member Dr. regarding the issue. He talked to Nadir Kalfazade.

According to the information received from the office, with the amendment made by the Ministry of Health in 2025, a provision was added to the Leave Directive to deduct Saturdays and Sundays corresponding to annual leave periods from annual leave rights.

However, Article 99 of the Civil Servants Law No. 657 stipulated that the weekly working time of civil servants is generally 40 hours and that this period will be regulated with holidays on Saturdays and Sundays.

'ANNUAL LEAVE RIGHT IS REDUCED'

With this regulation, the legislator separated civil servants' working days from weekday holidays. Reminding that the week holiday is a public servant's right to rest granted and enjoyed regularly in return for his weekly work obligation, the office members emphasized that annual leave is separately regulated in Article 102 of Law No. 657 and that it is an independent right to rest granted in return for a certain period of service.

Stating that the quoted provision of the Leave Directive stipulates that the Saturdays and Sundays remaining within the annual leave period will be counted as annual leave, the office members pointed out that the days that are legally considered as week holidays are deducted from the annual leave balance and reduce the period during which the public servant can benefit from the annual leave right. The Bureau also pointed out that there is no clear provision in the law stating that the week holiday will be counted among the annual leave period, and stated that the fact that the law does not contain a clear provision on this issue does not give the administration the authority to make unlimited regulations that would restrict the right to annual leave.

'THE SOCIAL AND ECONOMIC CONSEQUENCES ARE ALSO GREAT'

Underlining that the regulation is not limited to just reducing the number of days off, Dr. Nadir Kalfazade also pointed out the social and economic consequences of the practice. Kalfazade stated that although annual leave is entitled to 20 days a year for up to 10 years in the civil service and 30 days a year for more than 10 years of service, there are losses in terms of base additional payment and incentive additional payment items for leaves exceeding a total of 12 days in a year.

Kalfazade also stated that deducting weekends from annual leave is important, especially for healthcare workers who have children, take on home care responsibilities or care for elderly relatives, and added that each day of annual leave is of great importance for healthcare workers who work under intense working conditions.

Kalfazade stated that counting weekends as leave time reduces the time that can be used for rest and personal needs.

Kalfazade said that if the regulation that the ITO brought to the Council of State is found to be unlawful and annulled, they expect all medical personnel working within the Ministry of Health to be positively affected.

İTO also stated that they will follow up the legal process initiated to protect the annual leave rights of healthcare workers.