How Many Days of Leave Should Be Granted to an Employee Whose Spouse Gives Birth?
According to Article 2 of the supplementary section of Labor Law No. 4857, an employee is entitled to 5 days of paid leave in cases where their spouse gives birth.
What Rights Are Provided to Employees in Cases of Pregnancy and Birth?
Under Article 74 of Labor Law No. 4857, it is essential that female employees are not required to work for a total of 16 weeks: 8 weeks before and 8 weeks after childbirth.
In cases of multiple pregnancies, an additional 2 weeks are added to the prenatal leave period.
If the employee wishes and based on a doctor’s report, the employee may continue to work until three weeks before the expected birth date. In such cases, the unused portion of the prenatal leave can be transferred to the postnatal period.
Upon the completion of maternity leave following childbirth, a female employee, if she so wishes and as long as the child is alive, may be granted half of the weekly working hours as unpaid leave for 60 days after the first birth, 120 days after the second birth, and 180 days for subsequent births.
In the case of multiple births, these periods are extended by 30 days. Alternatively, up to 6 months of unpaid leave may be requested.
Additionally, the employee who returns to work at the end of the leave is entitled to 1.5 hours of nursing leave per day until the child reaches one year of age.
Under Article 13, following the completion of the leaves specified in Article 74, one parent may request part-time work until the beginning of the month following the date mandatory primary education age starts for the child.
This request is honored by the employer and is not considered a valid reason for termination. An employee who starts part-time work under this provision can return to full-time work but may no longer benefit from this right for the same child. An employee wishing to utilize this right or to return to full-time work must inform the employer in writing at least one month in advance.
If one parent does not work, the working spouse cannot request part-time work. Those who adopt a child under the age of three, either jointly with a spouse or individually, may also benefit from this right starting from the date the child is actually placed in their care.
Source: Republic of Türkiye Ministry of Labor and Social Security
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