Turkish Labor Law
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Standards of labor legislation in Turkey, a candidate country for EU membership, has been taken a step further to approach the legal norms that regulates the employees’ rights in European countries, by the enactment of Law No. 6645 adopted in Parliament and published in the Official Journal, dated 23rd April 2015.
One of the notable change brought by the said Law is the new types of paid leave – leave of absence with pay, or paid time off work – introduced into Labor Law No. 4857. New concepts of leave concerning working parents are as follows;
- Adoption Leave; in case of adoption of a child the adoptive employee is entitled to three days of paid time off work;
- Paternity leave: employee whose spouse has given birth is entitled to five days leave of absence with pay;
- Shared Parental Leave for disabled child; 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 of paid time off work 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.
AMENDED ARTICLES IN LABOR LAW
Article 35 of Law No. 6645 that brought new regulations into the Labor Law No. 4857 is as follows;
ARTICLE 35 – In Law No. 4857; subparagraph (b) of third paragraph of Article 46, and subparagraph (ı) of first paragraph of Article 55 is amended as “the periods of leave of absence with pay specified in Additional Article 2”, and the phrase “and 65.” present in second paragraph of Article 104 is removed from the text, and following additional article is added to the Law No. 4857.
“Leave of absence with pay
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.”
PAID LEAVE FOR EMPLOYED FATHER, ADOPTIVE PARENTS AND PARENTS OF DISABLED OR CHRONICALLY ILL CHILD
In labor law terminology the terms “parental leave or family leave” include maternity leave, paternity leave, and adoption leave, and are designed to give parents time to care for a new born or an adopted child or a child with a disability or chronic disease. While these three types of leave are mostly statutory requirements in many of the western countries, employees in Turkey were entitled only to the maternity leave – also contains the nursing leave – which is granted to women in case of pregnancy and childbirth; and three days paid time off work for marriage and three days bereavement leave in the event of the death of the employee’s mother, father, spouse, brother or sister, and child.
By the above mentioned legislative arrangement the other three types of parental leave are now available for Turkish employees. Three (3) days of paid leave for adoptive parents; five (5) days of paid leave for fathers with a new-born child; and ten (10) days of paid leave for the parents of disabled or chronically ill child shall be granted.
Source: Datassist Payroll Services
