According to the Labour Code, while an employee is on leave, their job position and workplace are preserved, and they are paid the average wage for the leave period. This amount cannot be lower than the employee’s last salary.
The “last salary” refers to the salary specified in the employment contract that is in force at the time the employee goes on leave.
The average wage paid for the leave period is determined based on the employee’s average earnings during the 12 calendar months preceding the month in which the leave is granted, regardless of the work year for which the leave is provided.
If, during those months, the employee was on partially paid social leave, unpaid leave not initiated by the employee, or did not work fully due to downtime not caused by the employee, those months are replaced with the nearest fully worked calendar months.
The average monthly wage for the preceding 12 months is calculated by dividing the total amount of wages earned during those months by 12.
The resulting amount is then divided by the average number of calendar days in a month (30.4) to determine the daily wage, which is subsequently multiplied by the number of leave days.
The calculated leave payment is then compared with the salary amount corresponding to the working days that fall within the leave period. If the calculated leave payment exceeds the employee’s last salary, the higher amount is paid. If it is lower, the payment is adjusted to match the employee’s last salary.
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