Should we include an employee’s off days when calculating the severance and notice pay? For example, an employee who has been working in the office takes maternity leave for 112 days. She then takes unpaid leave for 6 months. Should we calculate the actual service period of 4 months or the total period including the off days?
Within this regard, apart from the other unpaid leaves, if s/he takes an unpaid leave again, the payments won’t be divided into 365 to find the daily amount of the nonwage payments (e.g bonus, premium.) The provision ‘’…the period during which the employment contract is suspended should not be included in the severance period. For example, the period of unpaid leave is not taken into consideration in terms of the base period…’’ takes place in the Decisions of Supreme Court 9th Chamber [5]
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