Rights of Father in Turkish Labor Law

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Turkish Labor Law contains many provisions creating positive discrimination (which is praiseworthy) for female employees, however until recently male workers had not got any parental leave.

By the new arrangements came into effect in last two years, male employees whose spouse has given birth, or adopters of a child are granted paid and unpaid leaves.

Leave of absence with pay (paternity leave)

* Female employee will be allowed to take 5 days paid leave in case of his spouse has given birth.

* Weekends and national holiday coinciding with leave period are not taken into consideration, so the leave may be over 5 days in these cases.

* In determining the right to annual leave with pay, the paternity leave periods will be treated as having been worked.

* Also, father (or any of the parents) may take 10 days paid leave to attend his treatment of the child who has at least seventy percent disability or chronic disease.

Parental leave is arranged in Additional Article 2 of Labor Law 4857 that reads as follows;

“ADDITIONAL ARTICLE 2 - Employee shall be allowed to take; three days leave of absence with pay in the event of employee's marriage or adoption of a child, or in the event of the death of the employee's mother, father, spouse, brother or sister, and child; and five days leave of absence with pay in the event of employee's spouse giving birth.

Employed parents whose child has at least seventy percent disability or chronic disease based on medical report, shall be allowed to take up to 10 days leave of absence with pay in a year for attending the treatment of the child; on condition that leave may be taken only one of the parents and without interruption or with segments."

Unpaid parental and adoptive leaves

Significant amendments concerning maternity leave in Labor Law came into effect on 29 January 2016, providing flexible working choices for mothers, fathers and adoptive parents. As a result, employees and adopting parents have the right to benefit from many of the rights solely granted to working mothers.

* Working women will be offered a choice to work half time up to two months on her first childbirth, four months on her second and six months for the third child, without losing their full-time earnings after the expire of their statutory maternity leave, in order to spare more time for their infants. The working women or man (one of the married couple or the adopter) who adopted a child under three years of age will be benefiting from the same right.

* In case the mother dies in childbirth or after the child was born, the unused leaves related the post-natal period shall be used by the father.

* Also the right of mother to have 6 months unpaid leave after childbirth will also be granted to one of the married couple or the adopter who adopted a child under three years of age.

* Adopters, who adopted a child under three years of age, will have 8 weeks maternity leave starting from the date the child is handed over to them.

* Any one of the working parents will be allowed to work half time until the child begins to school, and the same right will be granted to adopting parents.

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