The death of a loved one is one of the most difficult and stressful periods in a person's life. In addition to the profound emotional grief, individuals must also deal with funeral arrangements, receiving condolences, and official bureaucratic processes. In accordance with the principle of respecting the family institution and human grief, the Turkish legal system legally guarantees the right of employees to take time off from work and mourn during these difficult days. This legal right is referred to in legal literature "Death Leave" or, more commonly, "Death Leave / Funeral Leave .

However, the duration of bereavement leave, which relatives' deaths entitle the employee to this leave, whether the leave is paid, and when it begins vary significantly depending on the employee's legal status (worker, civil servant, contracted personnel, etc.). In practice, serious disagreements arise between employers and employees on this matter, sometimes even leading to legal disputes resulting in the termination of employment contracts.

In this comprehensive legal guide, we will examine bereavement leave, its conditions, durations, and procedural rules within the framework of the Labor Law No. 4857, the Civil Servants Law No. 657, the Press Labor Law, the Maritime Labor Law, and other special legislation.

1. What is the legal nature of death leave?

In our legal system, excused absences are temporary leaves granted when an employee or civil servant is unable to perform their work due to justifiable reasons that are beyond their control, unforeseen, and arising suddenly. Death-related excused absences, by their nature, "Paid Leave .

A critical legal principle:

No deductions can be made. During the leave period, the employee is entitled to full pay, just as if they had been at work and actively performing their duties.

Furthermore, this type of leave is not a "gesture" or a right left to the employer's discretion. It is an absolute right regulated by the mandatory provisions of the law. It is against the law for the employer to refuse or postpone granting this leave by citing workload as an excuse.

2. Right to Bereavement Leave for Workers According to Labor Law No. 4857

The right to bereavement leave for workers employed in the private sector under an employment contract and subject to the Labor Law No. 4857 is explicitly regulated in Article 2 of the Annex to the law.

2.1. How many days of bereavement leave are there for workers?

According to Article 2 of the Supplementary Provisions of the Labor Law No. 4857, an employee is granted 3 days of paid leave in the event of the death of a close relative covered by the law

2.2. According to the Labor Law, in which cases of death of close relatives is leave granted?

The legislator has set a very narrow limit on the number of relatives for whom bereavement leave will be granted to private sector employees. According to the law, an employee is only entitled to 3 days of statutory leave in the event of the death of one of the following relatives:

• of one or both of their parents ,

• of his wife ,

• of his brother ,

• of his child .

2.3. Excluded Relatives (Most Frequent Disputes)

The wording of the Labor Law is strict. Therefore, unless otherwise agreed in the employment contract or Collective Bargaining Agreement (CBA), the employee is not legally entitled to bereavement leave in the event of the death of the following relatives :

• Spouse's mother or father (Mother-in-law / Father-in-law),

• Grandmother or grandfather (Maternal grandmother, paternal grandmother, grandfather),

• Aunt, uncle, paternal uncle,

• Cousins ​​or nieces and nephews.

Important Exception: These periods can be extended (e.g., increased to 5 days) or broadened to include provisions such as "leave is also granted in case of the death of a grandparent or father-in-law" through special clauses in the employment contract or the Collective Bargaining Agreement applied at the workplace. However, these provisions can only be extended in favor of the employee; the legally mandated 3-day period cannot be reduced by contract.

3. Right to Bereavement Leave for Civil Servants According to Law No. 657 on Civil Servants

Civil servants have a broader and more advantageous right to bereavement leave compared to private sector employees, both in terms of duration and scope. This right of civil servants is stipulated in Article 104, paragraph "B" of Law No. 657.

3.1. How many days of bereavement leave are there for civil servants?

According to Article 104/B of the Civil Servants Law No. 657, a civil servant is granted 7 days of leave upon request in the event of the death of a close relative covered by the law .

3.2. Which Relatives' Deaths Are Covered for Civil Servants?

The legally defined circle of relatives for civil servants is much broader than in the private sector. In addition to the civil servant themselves, their spouse's relatives are also included. Here are the kinship ties that provide civil servants with 7 days of bereavement leave:

• the employee 's mother, father, spouse, child, or sibling dies,

• the employee's spouse's mother, father, or sibling dies.

Comparison Note: While a private sector employee is not legally entitled to even one day of leave when their mother-in-law or father-in-law passes away, a civil servant can take a full seven days of paid leave when their spouse's mother or father passes away.

4. Bereavement Leave Under Other Labor Laws and Special Statuses

Not every employee is subject to laws 4857 or 657. Türkiye also has specific labor laws and regulations applied in different sectors.

4.1. Law No. 5953 on Press Labor (Journalists)

Journalists working in the press profession are subject to a special law. The Press Labor Law does not directly specify a fixed number of days for "bereavement leave." However, in cases not covered by this law, the provisions of the Turkish Code of Obligations (TBK) and the Labor Law, which are general laws, are applied by analogy. Therefore, journalists are entitled to at least 3 days of bereavement leave.

4.2. Maritime Labor Law No. 854 (Seafarers)

Leave of absence is also vital for seafarers working at sea. While the Maritime Labor Law does not specify a particular bereavement leave period, in the event of the death of a seafarer's parent, spouse, child, or sibling, provided the ship is in port or has reached its first port of call, paid leave must be granted for "a suitable period as required by the circumstances" in accordance with Article 424 of the Turkish Code of Obligations. In practice, this period is usually no less than 3 days.

4.3. Contracted Personnel under Article 4/B

The leave rights of contract personnel working in the public sector under the 4/B status are regulated by the "Principles Regarding the Employment of Contract Personnel". According to these principles, contract personnel, just like permanent civil servants, 7 days of paid leave in case of the death of their spouse, child, or their own or their spouse's parent or sibling.

4.4. Turkish Armed Forces, Police and Academic Personnel

• Military Personnel (Turkish Armed Forces): Bereavement leave for officers, non-commissioned officers, and specialist sergeants is subject to their own internal service and personnel regulations. Generally, 10 days of leave can be granted in the event of the death of a first-degree relative.

• Academics: Teaching staff subject to the Higher Education Law No. 2547 are entitled to 7 days of bereavement leave because their personal rights are governed by Law No. 657

5. Critical Procedural Rules Regarding the Use of Bereavement Leave

Regarding the use of bereavement leave, there are very important rules that are not explicitly written in the law but have been shaped by judicial decisions and administrative practices, preventing disputes.

5.1. When Does Bereavement Leave Begin? (The Timing Trap)

One of the most debated issues is the commencement date of the leave. Death leave begins on the day the death occurs

• Example: If an employee's father passed away on Monday at 2:00 PM, the employee takes leave on Monday. The three-day leave period (Monday, Tuesday, and Wednesday) ends on Wednesday evening. The employee must return to work on Thursday.

• Exception (Deaths at Night): If the death occurs outside of working hours, for example at 11:30 PM, it would be fair and equitable to start the leave the following morning.

It is not possible for the leave to begin after the funeral or for the employee to arbitrarily say, "I want to use it next week." The purpose of the leave is to allow for urgent tasks to be performed at the time of death and to cope with the initial days of the grieving process.

5.2. What happens if bereavement leave falls on a weekend or public holiday?

The law uses the term "days" instead of "working days" for excused absences. This means that legally, the periods will be calculated in calendar days

• Situation from the Employee's Perspective: If a worker's relative passes away on Friday, the worker is considered to have Friday (1st day), Saturday (2nd day), and Sunday (3rd day) off. The worker is obligated to return to work on Monday. The fact that the workplace is closed on Saturdays and Sundays does not change this. The general tendency of the Supreme Court is that, unless there is a contrary provision in the contract (for example, the phrase "3 working days of leave are granted"), weekends should also be included in the leave period.

• Situation for Civil Servants: The 7-day period is based on calendar days and consists of continuous work. Saturdays, Sundays, or public holidays do not extend the 7-day period.

5.3. Documentation and Notification Procedure of Death Leave

It is inhumane to immediately expect a written request or document from an employee at the time of death. Therefore, the employee can leave the workplace immediately by informing their employer verbally via phone, message, or through a colleague

However, upon returning to work, it is mandatory to submit the following documents to the employer or institution to prove the legitimacy of the excuse for workday tracking and accounting purposes:

1. Death Certificate (Burial Permit/Breathing Permit) obtained from hospitals or municipalities ,

2. Detailed Population Registration Certificates, obtainable via e-government, showing family ties .

6. Comparative Summary Table: Differences in Death Leave Entitlements for Workers and Civil Servants

The table below clearly illustrates the differences in bereavement leave rights for two main groups of employees in Türkiye:

7. The Impact of Bereavement Leave on Salary, Annual Leave, and Severance Pay

In calculating excused absences, certain technical details in labor law and administrative law provide protection in favor of the employee.

7.1. Does Bereavement Leave Interrupt Annual Leave Entitlement?

What happens if a close relative (such as their mother) who is entitled to annual leave passes away while the employee is on annual leave? This interrupts the employee's annual leave entitlement.

• Legal Process: If an employee experiences this tragic event while on annual leave, they must notify their employer and freeze their annual leave. They will then be entitled to 3 days of "Death Leave" starting from the date of death. These 3 days will not be deducted from the employee's annual leave entitlement. The employee's annual leave will automatically be extended by 3 days, or those 3 days will be credited to their remaining annual leave balance.

7.2. Calculation of Seniority and Notice Periods

According to Article 55(ı) of the Labor Law, excused absences such as marriage and bereavement leave as days worked . In other words, days spent on bereavement leave are added to the employee's severance pay calculation period; nothing is deducted from the employee's seniority.

8. Employee's Rights If Employer Refuses to Grant Bereavement Leave

Some unscrupulous employers, or those unfamiliar with labor law, may refuse leave requests or threaten employees with dismissal, even during their most difficult times, using phrases like, "We're short on staff, you can't go," or "Someone else can go to the funeral, we need you here." This situation carries very serious legal consequences for the employer.

8.1. Termination for Just Cause and Severance Pay from the Employee's Perspective (Labor Law, Article 24/II)

The employer's failure to grant an employee bereavement leave despite a mandatory legal requirement, and their continued insistence on forcing the employee to work, constitutes a violation of "Moral and Good Faith Rules."

In this case, the worker;

• your employment contract immediately and unilaterally for just cause (you can resign).

• An employee who terminates their employment for just cause their severance pay in full, down to the last penny, if they have more than one year of seniority at the workplace.

• Furthermore, if the employee was made to work during their leave period, they can claim their rights and other labor-related entitlements (overtime, etc.) arising from not being granted the excused leave through legal action.

8.2. Administrative Fines to be Imposed on Employers

If, during an inspection by labor inspectors or in a lawsuit filed in labor court, it is determined that an employee was not granted legally justifiable leave, the Ministry will impose an administrative fine on the employer for each violation.

8.3. The Aspect of Mobbing and Non-Pecuniary Damages

If an employee is denied their legally entitled leave for bereavement and funeral arrangements during a period of loss of a close relative, or is subjected to pressure from their superiors or employer, this can be considered psychological harassment ( mobbing ). The employee has the right to file a claim for moral damages against the employer due to the psychological distress and emotional distress resulting from this inhumane treatment . The Supreme Court of Turkey accepts injustices committed against employees during such sensitive periods as grounds for claiming moral damages.

9. Sample Leave of Absence Request Form

Here is a sample application form that should be submitted to the human resources department or the relevant administrative unit (if possible) upon returning to work or before going on leave:

                                                        Date: .../.../2026 .................................................. TO THE DIRECTORATE / COMPANY (Attention Human Resources Department) I am employed at your company with Turkish Republic Identity Number ........................... in the ............................................. department. On .../.../2026, .................................. (Recent period: Mother/Father/Spouse/Sibling/Child) passed away. In accordance with Article 2 of the Annex to Law No. 4857 on Labor (or Article 104/B of Law No. 657 for civil servants), I wish to use my legally entitled ... days of paid leave due to death between .../.../2026 and .../.../2026. The official death certificate and population registration record are attached to my application. I respectfully submit this for your information. Name and Surname: Signature: Address: ................................................................................. Telephone: ............................................................................... ATTACHMENTS: 1- Death Certificate / Burial Permit Sample 2- Detailed Population Registration Certificate

10. Frequently Asked Questions (FAQ)

1. My mother-in-law or father-in-law passed away, I work in the private sector, can I take bereavement leave?

Unfortunately, according to the Labor Law No. 4857, you are not legally entitled to leave in the event of the death of your spouse's parents. However, if your employment contract with your company, or the Collective Bargaining Agreement (CBA) if applicable, contains a clause stating that "leave is also granted in the event of the death of your spouse's parents," you may be able to use this leave. If there is no such provision in the contract, you must request administrative or unpaid leave from your employer, relying entirely on their goodwill.

2. My grandfather or grandmother passed away; how many days of funeral leave am I entitled to?

Neither the Labor Law (for workers) nor the Civil Servants Law (for civil servants) defines. In this case, you cannot use official bereavement leave; however, you can request leave to be deducted from your annual leave or obtain excused leave with the approval of your supervisor/employer.

3. Are Saturdays and Sundays included in the calculation of bereavement leave?

Yes. Since the law uses the term "day" rather than "working day," periods are calculated as continuous calendar days. For example, an employee who takes leave on Friday has their leave covering Friday, Saturday, and Sunday; they must return to work on Monday. However, if the employment contract uses the term "working day," weekends are not included in the calculation.

4. My relative passed away while I was on annual leave; will I lose my bereavement leave entitlement?

No, it won't freeze. If a first-degree relative covered by the insurance passes away while you are on annual leave, your annual leave will be frozen, provided the situation is documented, and your leave will begin from the date of death. After your leave ends, your annual leave will resume from where it left off, or any remaining annual leave days will be credited back to your balance.

5. Does the right to bereavement leave arise while on unpaid leave or suspension?

During periods when an employment contract is suspended due to reasons such as unpaid leave, military service, or maternity leave, the employee's obligation to actually work and the employer's obligation to pay wages are suspended. Therefore, it is not legally possible to grant an employee who loses a close relative during a period when their employment contract is suspended extra bereavement leave or to convert this period into paid leave.

6. Is there a right to bereavement leave in the event of the death of a stepmother, stepfather, or stepchild?

In our legal system, step-relative relationships are not considered within the scope of statutory bereavement leave unless a blood relationship is established. However, if a stepchild has been officially adopted, the adopted child will have the same rights as a legally adopted child, and therefore, in the event of their death, the right to bereavement leave (3 days for workers, 7 days for civil servants) arises.

7. If I lose more than one close relative in the same year, can I obtain separate bereavement leave for each?

Yes, you can. Death leave is not a type of leave with an annual quota. It's a right dependent on the nature of the event. God forbid, if an employee loses both their mother and sibling in different months of the same year, they have the right to use the full, paid leave periods stipulated by law for both deaths (3 days each time for employees, 7 days each time for civil servants).

Conclusion and Legal Recommendations

Bereavement leave is not merely a bureaucratic measure to prevent loss of workforce; it is a sub-extension of the constitutional right to life, protecting social solidarity, human values, and the right to mourn during the employee's most painful days.

Knowing the limits of these rights granted to employees by law will prevent potential abuses or loss of rights. In summary;

• Workers can take 3 days off for their immediate family members .

• Civil servants are entitled to 7 days of paid leave for both their own relatives and their spouse's immediate family members

It is a mandatory legal rule that employers should not create difficulties for their employees during these challenging times, and employees are also required to present official death certificates to their workplaces upon returning to work to prevent abuse. If your rights are being violated, you are facing unfair dismissal threats, or you are subjected to mobbing, it is advisable to seek professional support from an expert labor law attorney or administrative law specialist to avoid loss of rights and to properly manage legal compensation processes.