Termination of Employment Contract Due to an Employee’s Frequent Medical Reports
The frequent and prolonged medical leave taken by an employee often adversely affects the normal functioning of the workplace and renders the continuation of the employment relationship challenging. Such persistent absenteeism may lead the employer to terminate the employment contract on the grounds of either just cause or a valid reason.
Pursuant to Article 18 of the Labor Act No. 4857, the employment contract of an employee benefiting from job security provisions may be terminated by the employer on the basis of a valid reason arising from the employee’s competence or conduct, or from the requirements of the enterprise, workplace, or the work itself. According to the rationale of the said Article, instances of frequent illness of the employee and medical conditions which, although not rendering the employee completely incapable of working, adversely affect the proper and continuous performance of his or her duties are cited as examples of valid grounds for termination arising from the employee’s competence.
Indeed, in the decision of the 9th Civil Chamber of the Court of Cassation dated January 4, 2019, numbered 2018/5388 E. and 2019/740 K., it was stated: "...According to the case file, the plaintiff worked at the defendant's workplace from March 10, 2014 to March 3, 2016, during which time they used 32 days of annual leave, 19 days of excused leave and received a total of 86 days of medical reports. It is evident that the plaintiff’s conduct of taking frequent reports, while not constituting a just cause for termination, disrupts the workflow and the employer cannot be expected to endure this. It is understood that while the termination was not based on just cause, the plaintiff’s conduct of frequently falling ill and taking reports constitutes a valid reason for termination." Consequently, the court dismissed the reinstatement case filed by the employee.
Similarly, in its decision dated January 13, 2020, numbered 2019/6197 E. and 2020/136 K., the 9th Civil Chamber of the Court of Cassation held as follows: "...It is clear that the employee's frequent acquisition of short-term medical reports from various health institutions and the resulting absenteeism disrupt the workflow and the employer cannot be expected to tolerate this. It must be accepted that while the termination was not based on just cause, the conduct of the plaintiff in frequently taking reports constitutes a valid reason for termination."
As understood from both the legislative intent of the Law and the precedents of the Court of Cassation, an employee’s frequent receipt of medical reports may be considered as a valid reason for termination.
On the other hand, if the duration of the medical report exceeds the periods specified in the Labour Act without interruption, the termination can be based on just cause.
Article 25/I (a) of the Labor Act grants the employer the right to immediately terminate the employment contract on the grounds of just cause based on health-related reasons. Accordingly, if an employee’s illness results from his or her own deliberate act, a dissolute lifestyle, or alcohol addiction and the resulting absenteeism exceeds three consecutive business days or more than five business days within a single month, the contract may be terminated for just cause. Article 25/I(b) further states that "Except for the reasons listed in subparagraph (a), in cases of illness, accident, maternity, and pregnancy, the employer’s right to terminate the contract without notice arises when the duration of such circumstances exceeds the notice period specified in Article 17 by six weeks."
In this context, in its decision dated February 13,2025 numbered 2021/1549 E. and 2025/285 K., the 48th Civil Chamber of the Istanbul Regional Court of Appeals determined the type of termination by examining the duration and continuity of the reports. The decision clarified that under Article 25/I(b), a just cause exists if the absenteeism continues uninterrupted for the notice period plus six weeks; however, if the reports are multiple and intermittent, even if the total duration exceeds the notice period plus six weeks, it does not grant the right to terminate for just cause. In such cases, it is considered "frequent reporting" and if the conditions are met, the termination may be regarded as being based on a valid reason. In the case subject to the said decision, it was held that "...It is understood that the employee received multiple intermittent reports totaling 98 days in 2013 and 54 days in 2014, with a total absenteeism of 152 days. However, since these reports were for intermittent dates and did not continue uninterrupted for the notice period plus six weeks, the claim of termination for just cause could not be proven. Nevertheless, according to the scope of the file, it is clear that the reports obtained by the plaintiff for various illnesses caused a disruption in the workflow and order of the workplace. Therefore, the termination by the employer must be accepted as being based on a valid reason, even if it was not for just cause."
In conclusion, as exemplified in judicial decisions, the frequent acquisition of reports by an employee can create uncertainty for the employer, disrupt the workflow and make the continuation of the employment relationship difficult or even impossible. An employer wishing to terminate an employment contract due to frequent medical reports needs to determine the type of termination by considering the duration and frequency of the reports, whether they are continuous or intermittent, their impact on the work performance and the extent to which this situation affects the continuation of the employment relationship.