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How is the duration of annual leave regulated?
How is the duration of annual leave regulated?
The recent amendments to the Labour Code were mainly made in three directions:
- improving the substance of the Labour Code and introducing new concepts into legislation;
- introducing new provisions regarding cases of termination of employment contracts;
- making changes related to social protection and leave rights.
One of the amendments aimed at improving the Labour Code and eliminating existing gaps concerns Article 114, Part 6 of the Code. This provision regulates the annual leave and its duration. The topic is explained by expert Ramin Hajiyev.
According to Article 114.2 of the Labour Code, paid annual leave must be granted for not less than 21 calendar days. At the same time, Article 114.3 lists employees who are entitled to 30 calendar days of annual leave.
Previously, Article 114.6 stated that public holidays that are not considered working days, the National Day of Mourning, and election day, if they coincided with the annual leave period, were not counted as leave days and were not paid.
Before the amendment, the extension of leave due to public holidays coinciding with the leave period was regulated by a joint clarification prepared by the Ministry of Labour and Social Protection of the Population and the Confederation of Trade Unions. According to that clarification, if public holidays or the National Day of Mourning coincided with the leave period (regardless of whether they fell on weekends), the leave period was extended by the number of those days without payment.
However, the clarification did not mention the extension of leave if it coincided with election day. For information, the clarification was prepared in accordance with the requirements of ILO Convention No.132 on Paid Leave, taking into account Article 104.5 of the Labour Code. It should also be noted that this clarification is not a normative legal act and has not been included in the Unified Electronic Database of Legal Acts of the Ministry of Justice.
The absence of a clear mechanism in the Labour Code for extending leave due to public holidays created difficulties for specialists working in this field. The amendment to Article 114.6 helps eliminate these gaps and enables HR professionals to perform their duties more efficiently and in compliance with the law.
The new wording of Article 114.6 of the Labour Code is as follows:
114.6. Public holidays that are not considered working days, the National Day of Mourning, and election day coinciding with the period of annual leave are not counted as leave days and are not paid. However, the duration of leave is extended by the number of such days. If Eid al-Adha or Eid al-Fitr coincides with another public holiday that is not considered a working day and this coincidence occurs during the leave period, the overlapping days are counted as one day.
Examples
Example 1: An employee takes 22 calendar days of annual leave from 20 February 2026 to 13 March 2026. During this period, one public holiday occurs (8 March – International Women’s Day). Therefore, the leave period is extended by one day.
Even if the end of the leave falls on Friday, the day coinciding with the holiday extends the leave regardless of whether it falls on a weekend. In this case, the employee must return to work on 16 March 2026.
Example 2: An employee takes 30 calendar days of annual leave from 1 March 2026 to 30 March 2026. During this period, there are 8 public holidays (8 March – International Women’s Day; 20–24 March – Novruz Holiday; and 20–21 March – Eid al-Fitr).
In this example, it is important to note that Novruz and Eid al-Fitr coincide in 2026. According to Article 114.6 of the Labour Code, if Eid al-Adha or Eid al-Fitr coincides with another public holiday that is not considered a working day and this occurs during the leave period, the overlapping days are counted as one day.
Therefore, although 8 public holidays fall within the employee’s leave period, the leave will be extended by 6 days. As a result, the employee must return to work on 6 April 2026.
The recent amendments to the Labour Code were mainly made in three directions:
- improving the substance of the Labour Code and introducing new concepts into legislation;
- introducing new provisions regarding cases of termination of employment contracts;
- making changes related to social protection and leave rights.
One of the amendments aimed at improving the Labour Code and eliminating existing gaps concerns Article 114, Part 6 of the Code. This provision regulates the annual leave and its duration. The topic is explained by expert Ramin Hajiyev.
According to Article 114.2 of the Labour Code, paid annual leave must be granted for not less than 21 calendar days. At the same time, Article 114.3 lists employees who are entitled to 30 calendar days of annual leave.
Previously, Article 114.6 stated that public holidays that are not considered working days, the National Day of Mourning, and election day, if they coincided with the annual leave period, were not counted as leave days and were not paid.
Before the amendment, the extension of leave due to public holidays coinciding with the leave period was regulated by a joint clarification prepared by the Ministry of Labour and Social Protection of the Population and the Confederation of Trade Unions. According to that clarification, if public holidays or the National Day of Mourning coincided with the leave period (regardless of whether they fell on weekends), the leave period was extended by the number of those days without payment.
However, the clarification did not mention the extension of leave if it coincided with election day. For information, the clarification was prepared in accordance with the requirements of ILO Convention No.132 on Paid Leave, taking into account Article 104.5 of the Labour Code. It should also be noted that this clarification is not a normative legal act and has not been included in the Unified Electronic Database of Legal Acts of the Ministry of Justice.
The absence of a clear mechanism in the Labour Code for extending leave due to public holidays created difficulties for specialists working in this field. The amendment to Article 114.6 helps eliminate these gaps and enables HR professionals to perform their duties more efficiently and in compliance with the law.
The new wording of Article 114.6 of the Labour Code is as follows:
114.6. Public holidays that are not considered working days, the National Day of Mourning, and election day coinciding with the period of annual leave are not counted as leave days and are not paid. However, the duration of leave is extended by the number of such days. If Eid al-Adha or Eid al-Fitr coincides with another public holiday that is not considered a working day and this coincidence occurs during the leave period, the overlapping days are counted as one day.
Examples
Example 1: An employee takes 22 calendar days of annual leave from 20 February 2026 to 13 March 2026. During this period, one public holiday occurs (8 March – International Women’s Day). Therefore, the leave period is extended by one day.
Even if the end of the leave falls on Friday, the day coinciding with the holiday extends the leave regardless of whether it falls on a weekend. In this case, the employee must return to work on 16 March 2026.
Example 2: An employee takes 30 calendar days of annual leave from 1 March 2026 to 30 March 2026. During this period, there are 8 public holidays (8 March – International Women’s Day; 20–24 March – Novruz Holiday; and 20–21 March – Eid al-Fitr).
In this example, it is important to note that Novruz and Eid al-Fitr coincide in 2026. According to Article 114.6 of the Labour Code, if Eid al-Adha or Eid al-Fitr coincides with another public holiday that is not considered a working day and this occurs during the leave period, the overlapping days are counted as one day.
Therefore, although 8 public holidays fall within the employee’s leave period, the leave will be extended by 6 days. As a result, the employee must return to work on 6 April 2026.