Can the employer terminate an employee who frequently takes sick leave or personal days?

Today's interesting fact, let's talk about employee termination. In the case where an employee frequently takes sick leave or personal days, can the employer terminate them?

Frequent sick leave is considered as a sign of poor health and decreased capability to work. Termination in such cases is permissible and is considered fair dismissal.

Fundamentally, it must be understood that the employer pays for labor, or in other words, the employee exchanges their labor for payment. The employment contract, which can be verbal or in writing, is a fair agreement because the employer intends to pay for labor but not to receive labor without payment. If the employee works for the employer, the employer must compensate them. Refusing to pay for reasons such as resignation, incomplete monthly work, or termination due to misconduct is not acceptable. The simple principle is that once labor is provided, payment must follow.

However, if an employee falls sick frequently, even though the law allows for sick leave entitlement 'as much as actually sick,' which requires employer approval, frequent sick leave may contradict the principle mentioned earlier. That is, the employer pays for labor but does not receive it. Therefore, the employer may be able to terminate the employee.

-Frequent sick leave can justify termination by the employer and is considered fair dismissal. However, exercising this right implies that the employee has not fulfilled the contract obligation to work fully, which the court terms as 'diminished capacity to work.' This condition meets the criteria for termination and is deemed fair because it is considered 'reasonable and appropriate'.

According to Supreme Court Decision No. 2600/2929, 'Frequent sick leave is considered as a sign of poor health and diminished capacity to work. Therefore, termination in such cases is fair dismissal.

-Termination due to frequent sick leave requires compensation.

Although the employer has the right to terminate as fair dismissal under Section 49 of the Labor Court Establishment Act, termination without compensation must meet the exceptions of non-compensation. Termination due to illness does not fall under the exceptions according to Section 119. Therefore, employees are entitled to compensation in cases of termination due to frequent sick leave.