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Teachers’ leave and calculation procedure
Teachers’ leave and calculation procedure
Annual leave is a period of rest used by the employee at their own discretion for normal rest, restoration of working capacity, and protection and strengthening of health, the duration of which cannot be less than that provided for in the Labor Code. The duration of annual leave is calculated in calendar days.
So, how many days of leave are teachers entitled to, and how much payment do they receive for this? Expert Nusrat Khalilov provides clarification.
1. Annual leave for those engaged in pedagogical activity
Article 118 of the Labor Code regulates the duration of annual leave for employees engaged in pedagogical and scientific activity. According to this article, annual leave of 56 calendar days must be granted to the following employees:
a) heads of educational institutions, educators, instructors, club and music leaders, concertmasters, accompanists, choir leaders, and other music staff engaged in pedagogical activity for no less than one-third of the annual norm;
b) teachers of all specialties and titles (except for trainer-teachers);
c) children’s union leaders, master’s degree holders, practicing psychologists, speech therapists, and teachers of the deaf;
ç) educators of educational institutions (except for educators of general boarding schools, boarding lyceums, boarding gymnasiums, integrated boarding schools, special schools, boarding schools for children with special needs, and sanatorium-type boarding schools), hearing cabinet instructors, club leaders, military leaders, and physical education leaders;
d) employees of social protection bodies and medical institutions directly engaged in pedagogical activity;
e) employees of scientific institutions and organizations, as well as research departments of higher education institutions who hold a Doctor of Science degree, their heads, deputy heads for scientific affairs, and scientific secretaries;
ə) researchers conducting independent scientific work based on the decision of the relevant academic council.
Annual leave of 42 calendar days must be granted to the following employees:
a) heads of orphanages and preschool institutions, educators, educator-teachers, methodologists, defectologists, speech therapists, music leaders, psychologists;
b) heads, methodologists, and instructors of methodological centers and cabinets;
c) educators of general boarding schools, boarding lyceums, boarding gymnasiums, integrated boarding schools, special schools, boarding schools for children with special needs, and sanatorium-type boarding schools;
ç) club leaders and mass event organizers of out-of-school children’s institutions;
d) trainer-teachers;
e) employees of scientific institutions and organizations, as well as research departments of higher education institutions who hold a PhD (Candidate of Science) degree, their heads, deputy heads for scientific affairs, and scientific secretaries.
As can be seen, teachers of all specialties and titles are entitled to annual leave of 56 calendar days.
2. Teachers’ right to use annual leave
According to Article 131 of the Labor Code, the right to annual leave for the first year of work arises after six months of employment from the date the labor contract is signed. Such leave may be granted before the end of the first year, based on the employee’s application and agreement with the employer.
For the second and subsequent years of work, leave is granted at a time mutually agreed upon between the employee and the employer.
Thus, leave is granted on the basis of mutual agreement. However, for pedagogical workers directly involved in the teaching process, annual leave, as a rule, is provided during the summer vacation period in schools, regardless of when they started work.
Example 1: A mathematics teacher was hired in March 2025. When can they use their leave entitlement?
As mentioned, pedagogical workers directly involved in the teaching process are granted annual leave during the summer vacation period, regardless of the date of hire. Therefore, this teacher will be able to use annual leave in their first year of employment without waiting to complete six months of work. The teacher will be on leave for 56 calendar days from July 1 to August 25.
3. Calculation of teachers’ annual leave
During the leave period, the employee is paid their average salary. The procedure for calculating average salary for leave is defined in Article 140 of the Labor Code. According to this article, the average salary paid for leave is determined based on the employee’s average earnings over the 12 calendar months preceding the month in which the leave is granted, regardless of which work year the leave relates to.
As noted, the average salary for the leave period is determined based on the average of the previous 12 months. For example, a teacher was on leave from July 1 to August 26, 2024, and was paid an average salary of 2,200 manats for the leave period. Out of this, 1,217.86 manats corresponded to leave days in July, and 982.14 manats to leave days in August. Additionally, the teacher received 135 manats as salary for the days worked in August.
Annual leave is a period of rest used by the employee at their own discretion for normal rest, restoration of working capacity, and protection and strengthening of health, the duration of which cannot be less than that provided for in the Labor Code. The duration of annual leave is calculated in calendar days.
So, how many days of leave are teachers entitled to, and how much payment do they receive for this? Expert Nusrat Khalilov provides clarification.
1. Annual leave for those engaged in pedagogical activity
Article 118 of the Labor Code regulates the duration of annual leave for employees engaged in pedagogical and scientific activity. According to this article, annual leave of 56 calendar days must be granted to the following employees:
a) heads of educational institutions, educators, instructors, club and music leaders, concertmasters, accompanists, choir leaders, and other music staff engaged in pedagogical activity for no less than one-third of the annual norm;
b) teachers of all specialties and titles (except for trainer-teachers);
c) children’s union leaders, master’s degree holders, practicing psychologists, speech therapists, and teachers of the deaf;
ç) educators of educational institutions (except for educators of general boarding schools, boarding lyceums, boarding gymnasiums, integrated boarding schools, special schools, boarding schools for children with special needs, and sanatorium-type boarding schools), hearing cabinet instructors, club leaders, military leaders, and physical education leaders;
d) employees of social protection bodies and medical institutions directly engaged in pedagogical activity;
e) employees of scientific institutions and organizations, as well as research departments of higher education institutions who hold a Doctor of Science degree, their heads, deputy heads for scientific affairs, and scientific secretaries;
ə) researchers conducting independent scientific work based on the decision of the relevant academic council.
Annual leave of 42 calendar days must be granted to the following employees:
a) heads of orphanages and preschool institutions, educators, educator-teachers, methodologists, defectologists, speech therapists, music leaders, psychologists;
b) heads, methodologists, and instructors of methodological centers and cabinets;
c) educators of general boarding schools, boarding lyceums, boarding gymnasiums, integrated boarding schools, special schools, boarding schools for children with special needs, and sanatorium-type boarding schools;
ç) club leaders and mass event organizers of out-of-school children’s institutions;
d) trainer-teachers;
e) employees of scientific institutions and organizations, as well as research departments of higher education institutions who hold a PhD (Candidate of Science) degree, their heads, deputy heads for scientific affairs, and scientific secretaries.
As can be seen, teachers of all specialties and titles are entitled to annual leave of 56 calendar days.
2. Teachers’ right to use annual leave
According to Article 131 of the Labor Code, the right to annual leave for the first year of work arises after six months of employment from the date the labor contract is signed. Such leave may be granted before the end of the first year, based on the employee’s application and agreement with the employer.
For the second and subsequent years of work, leave is granted at a time mutually agreed upon between the employee and the employer.
Thus, leave is granted on the basis of mutual agreement. However, for pedagogical workers directly involved in the teaching process, annual leave, as a rule, is provided during the summer vacation period in schools, regardless of when they started work.
Example 1: A mathematics teacher was hired in March 2025. When can they use their leave entitlement?
As mentioned, pedagogical workers directly involved in the teaching process are granted annual leave during the summer vacation period, regardless of the date of hire. Therefore, this teacher will be able to use annual leave in their first year of employment without waiting to complete six months of work. The teacher will be on leave for 56 calendar days from July 1 to August 25.
3. Calculation of teachers’ annual leave
During the leave period, the employee is paid their average salary. The procedure for calculating average salary for leave is defined in Article 140 of the Labor Code. According to this article, the average salary paid for leave is determined based on the employee’s average earnings over the 12 calendar months preceding the month in which the leave is granted, regardless of which work year the leave relates to.
As noted, the average salary for the leave period is determined based on the average of the previous 12 months. For example, a teacher was on leave from July 1 to August 26, 2024, and was paid an average salary of 2,200 manats for the leave period. Out of this, 1,217.86 manats corresponded to leave days in July, and 982.14 manats to leave days in August. Additionally, the teacher received 135 manats as salary for the days worked in August.