Rights and Protections for Employees During Pregnancy and Birth under Turkish Labor Law
The Turkish Labor Law provides significant rights and protections to ensure that employees can balance their work and family responsibilities. These regulations prioritize the health of the employee and the care of the child, obligating employers to comply with these provisions. Below are the rights employees have during pregnancy and birth:
- Pre- and Post-Birth Leave Rights
Pre-Birth Leave: Female employees cannot be employed during the 8 weeks before childbirth.
Post-Birth Leave: Similarly, female employees cannot be employed for 8 weeks after childbirth.
Multiple Births: In the case of multiple births (twins or more), 2 weeks are added to the pre-birth leave.
Transfer of Pre-Birth Leave: A female employee can work until 3 weeks before childbirth if she provides a medical certificate. In this case, any unused pre-birth leave is added to the post-birth leave.
- Additional Post-Birth Leave and Rights
Half-Day Work Right After Maternity Leave: After maternity leave, female employees can request unpaid leave for child care for half of their weekly working hours.
The duration of this leave varies by the number of births:
- First birth: 60 days
- Second birth: 120 days
- Third and subsequent births: 180 days
In the case of multiple births, 30 days are added to the leave.
Up to 6 Months of Unpaid Leave: After maternity leave, a female employee can request up to 6 months of unpaid leave. This is independent of the half-day work right mentioned above and is completely unpaid.
Breastfeeding Leave: Female employees are entitled to 1.5 hours of breastfeeding leave every day until the child is 1 year old. This time is counted as working hours, and no salary deduction can be made.
- Right to Part-Time Work
Request for Part-Time Work: Female employees can request part-time work after childbirth or adoption, until the child reaches school age (primary education), which is the following month after the start of the school year.
Obligation to Fulfill the Request: The employer must grant this request, and the employer cannot terminate the employment contract due to this request.
Returning to Full-Time Work: An employee who starts part-time work may return to full-time work once for the same child. This request must be submitted in writing at least 1 month in advance.
If One Parent is Not Working: If one of the parents is not employed, the working parent cannot request part-time work.
- Rights in Adoption
Children Under Three Years Old: Employees who adopt a child under three years old, either individually or with their spouse, can benefit from the part-time work and other rights mentioned above, starting from the day the child is delivered.
- Leaving the Job Due to Pregnancy or Birth
Female employees do not have the right to severance pay if they leave the job due to pregnancy or childbirth. This is because, under the Labor Law, leaving the job due to pregnancy or childbirth is considered voluntary resignation (resigning at the employee’s own will). However, if the employer dismisses the employee due to pregnancy or childbirth, severance pay can be claimed.
- Employer’s Responsibilities
Employers are obliged to meet the legal requirements regarding the employee’s leave requests and working hour adjustments during pregnancy and childbirth.
It is illegal for employers to obstruct the use of these rights or use them as grounds for dismissal, and it leads to legal consequences.
- Conclusion
The Turkish Labor Law protects female employees’ rights during pregnancy and childbirth and supports their ability to adapt to work life and child care responsibilities. It is crucial for employees to maintain open communication with their employers and be fully informed of their rights during this process. Employers must fulfill their legal obligations concerning these rights in full.
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
