Short answer: Every employee in Azerbaijan is entitled to at least 21 calendar days of paid basic annual leave, and certain categories get 30 days or more (Labour Code, Article 114). On top of that come 2–6 days for length of service, at least 6 days for harmful working conditions and other additional days. In the first year of employment, the right to leave arises after six months of work (Article 131). Holiday pay is based on average earnings over the last 12 months, may not be lower than the employee's most recent salary, and as a rule must be paid at least three days before the leave starts (Articles 111 and 140).
Basic leave: 21 days and longer entitlements
Annual leave is counted in calendar days and granted for each working year, which runs from the employee's hiring date (Article 113). The minimum basic leave is 21 calendar days (Article 114.2). Public holidays that are non-working days, the national day of mourning and voting day falling within the leave are not counted as leave days — the leave is extended by the same number of days (Article 114.6, as amended with effect from 2026). Seasonal workers receive at least two calendar days of leave for each month worked (Article 114.5).
| Category | Basic leave | Article |
|---|---|---|
| All employees (general rule) | at least 21 calendar days | 114.2 |
| Agricultural workers; civil servants in administrative positions and employees classed as managers or specialists under the tariff-qualification handbooks; doctors, mid-level medical staff, pharmacists and other listed categories | 30 calendar days | 114.3 |
| Teaching and research staff (depending on position) | 42 or 56 calendar days | 118 |
| Employees under 16 / aged 16–18 | 42 / 35 calendar days | 119 |
| War veterans, persons disabled in defence of the country's territorial integrity, Heroes of the Patriotic War and other employees with special merits | at least 46 calendar days | 120 |
Additional leave
Additional leave is added to basic leave. Since 2026, if an employee qualifies for additional leave both for working conditions (Article 115) and for length of service (Article 116), both are added to basic leave — previously only the longer one was (Article 136.2).
| Ground | Additional days | Article |
|---|---|---|
| Length of service 5–10 years | 2 calendar days | 116 |
| Length of service 10–15 years | 4 calendar days | 116 |
| Length of service over 15 years | 6 calendar days | 116 |
| Underground, hazardous and arduous work, or work involving high stress (per the official list) | at least 6 calendar days | 115 |
| Women with two children under 14 | 2 calendar days | 117 |
| Women with three or more children under 14, or with a child with a disability | 5 calendar days | 117 |
Additional leave for service and working conditions does not apply to employees who already have extended leave under Articles 118–121 (Article 116.3).
When the right arises: the six-month rule, schedule and splitting
- First working year: an employee may take leave six months after signing the employment contract (Article 131.1). Pregnant women, employees under 18, persons with disabilities and certain others need not wait (Article 131.4).
- Leave schedule: may be set each year by the end of January and is approved in consultation with the trade union (Article 133). Employees listed in Article 133.3 (for example, persons with disabilities, employees under 18) take leave at a time convenient for them.
- Splitting: at the employee's request and with the employer's consent, leave may be split into parts, provided one part is at least two calendar weeks (Article 137.1).
- Paperwork: leave is granted by an employer's order based on the employee's application; the order must be issued at least five days before the leave and signed by the employee (Article 138). If, after written notice, the employee does not apply for scheduled leave, the employer may send them on leave by order (new Article 138.2-1).
- No refusal: an employer may not refuse to grant leave (Article 135.1); recall requires the employee's consent, except in urgent cases (Article 137.2).
Holiday pay: calculation and timing
Holiday pay is based on average earnings for the 12 calendar months preceding the leave (Article 140.1). All payments forming part of the pay system count, except one-off payments; the list of included and excluded payments is set by the relevant executive authority (Article 139). The formula is: total for 12 months ÷ 12 ÷ 30.4 × calendar days of leave (Article 140.3).
Example: if AZN 18,000 was earned in the last 12 months, average monthly pay is AZN 1,500, average daily pay is 1,500 ÷ 30.4 = AZN 49.34, and pay for 21 days of leave is about AZN 1,036.18.
Changes in force since 2026:
- Average pay during leave must not be lower than the employee's most recent salary (Article 111.1).
- Months spent on partially paid social leave, unpaid leave not taken at the employee's initiative, or downtime not caused by the employee are replaced with the nearest fully worked months (Article 140.1).
- Payment is due at least three days before the leave starts; however, the employment or collective agreement may set a different date, no later than the next salary (advance or balance) payment day (Article 140.5).
Unused leave on termination
Employees who stay in their job cannot be paid cash in lieu of leave (Article 144.1). But whatever the ground for termination, unused leave is compensated for all working years, with no time limit, calculated under Article 140 (Article 144.2). The employee may instead take the leave, and the termination date is then its last day (Article 143). If an employee who has already taken leave for the working year leaves before that year ends, the overpaid portion may be deducted from final pay (Article 144.4).
Additional leave is compensated too: Article 144.3 excluded compensation for additional leave under Articles 115–117 and 118-1. By a decision of 18 February 2026, the Plenum of the Constitutional Court suspended the application of that provision. Until the legislature amends the law, unused additional leave days (service, working conditions, women with children, work in the liberated territories) must also be compensated on termination for all working years. For the other termination requirements, see our article on termination of employment.
Social, study and unpaid leave
- Pregnancy and childbirth: 126 calendar days (70 before and 56 after birth); longer after complicated or multiple births and for women working in industry (Article 125).
- Fathers: since 2026, a total of 14 calendar days of paid leave on the basis of a medical certificate (Article 125.4).
- Childcare: partially paid social leave until the child turns three (Article 127).
- Study leave: paid leave for examinations and thesis defence for employees who study while working (Articles 123–124).
- Unpaid leave: at the employee's request in the cases listed in Article 130, otherwise by agreement for up to six months (Articles 129–130).
Typical employer mistakes and fines
Officials are fined AZN 1,500 to 2,000 for violating an employee's leave rights, failing to grant leave or failing to pay compensation for unused leave (Code of Administrative Offences, Article 192.5). Breaches in calculating and paying holiday pay carry separate liability (Article 192.4). The most common mistakes are:
- No schedule, with leave piling up for years.
- Forgetting additional days, or not adding up the Article 115 and 116 days.
- Not extending leave for public holidays.
- Not comparing average pay with the most recent salary, and paying late.
- Compensating only basic leave on termination.
On rest time, see also our article on the right to disconnect.
Frequently asked questions
I have just started a job. When can I take leave?
As a rule, after six months of work; some categories (for example, employees under 18) earlier (Article 131).
Can leave be split into parts?
Yes, at the employee's request and with the employer's consent. One part must be at least two calendar weeks (Article 137.1).
When must holiday pay be paid?
At least three days before the leave starts. The employment or collective agreement may set another date, but no later than the next salary payment day (Article 140.5).
Can I be paid for unused leave while I am still employed?
No. Cash in lieu of leave is not paid to current employees; compensation is paid only when the employment contract ends (Article 144).
Is additional leave also compensated on termination?
Yes. On 18 February 2026 the Constitutional Court suspended the application of Article 144.3.
What happens if a public holiday falls during my leave?
Non-working public holidays, the national day of mourning and voting day are not counted as leave days, and the leave is extended accordingly (Article 114.6).
How we can help
Affidacons helps with leave policies and schedules, reviews holiday-pay and termination-compensation calculations, updates contracts for the 2026 amendments and represents clients in leave disputes. See our employment and HR advisory service or contact us.
This article is general information and does not constitute legal advice. It is based on the Labour Code of the Republic of Azerbaijan (Articles 111, 113–120, 123–127, 129–131, 133, 135–140, 143–144), Law No. 332-VIIQD of 30 December 2025, the decision of the Plenum of the Constitutional Court of 18 February 2026 and the Code of Administrative Offences (Articles 192.4–192.5) (October 2026); legislation may change. Obtain advice on your specific circumstances before acting.
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