Turkish Labor Law
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The rights related to childbirth and adoptions, which are arranged in Labor Law No. 4857 has undergone significant changes in 2016 and new types of rights and leaves are introduced for mothers, parents and adopter of a child.
As we are getting so many questions about the application of these newly introduced arrangements, we will approach the matter holistically and try to clear any uncertainties in this article.
MOTHERS – MATERNAL RIGHTS AND LEAVE
Pregnancy Process
Pregnant women cannot be forced to work more than 7,5 hours, or in nightshift in their pregnancy period.
If deemed necessary in the physician’s report, the pregnant employee may be assigned to lighter duties. In this case no reduction shall be made in her wage.
The female employee shall be granted paid leave for periodic examinations during her pregnancy.
Birth Report – Maternity leave
Pregnant women are given report before and after birth. In principle female employees must not be engaged in work for a total period of sixteen weeks, eight weeks before confinement and eight weeks after confinement. Prenatal report starts at the 32nd week of pregnancy for singleton pregnancy.
However, a female employee whose health condition is suitable as approved by a physician’s certificate may work until the three weeks before delivery, she starts her leave at the 37th week of pregnancy. In this case the time during which she has worked shall be added to the time period allowed to her after confinement.
In case of multiple pregnancies, an extra two week period will be added to the eight weeks before confinement during which female employees must not work.
In the event of preterm birth the unused leave periods will be added to postnatal leave.
The time periods mentioned above may be increased before and after confinement if deemed necessary in view of the female employee’s health and the nature of her work. The periods determined by doctor report.
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.
Unpaid Leave
If mother so wishes she can take an unpaid leave of up to six months after the expiry of the sixteen weeks, or in the case multiple pregnancy, after the expiry of the eighteen weeks.
Nursing Leave
Female employees shall be allowed a total of one and a half hour nursing leave in order to enable them to feed their children below the age of one. The employee shall decide herself at what times and in how many installments she will use this leave. The length of the nursing leave shall be treated as part of the daily working time.
Halftime work – Full Time Pay
After the maternity leave, working women,(or the male or female adopter of a child under three years of age), may work half time up to;
- sixty days on first childbirth,
- one hundred and twenty days on second
- one hundred and eighty days for the third child.
Non-worked hours will be compensated by the state.
In case of multiple births one month will be added to that periods, and this period will be applied as 360 days in case of child was born with disability.
There will be no breast-feeding leave within the above said durations.
Part Time Work until the Child Begins the School
After the maternity leave periods, one of the parents may claim to work part-time until the first day of the month following the date child’s compulsory schooling begins. This claim shall be met by the employer, and cannot constitute a just cause for terminating the employment contract. Employee, who started to work part-time within the scope of this paragraph, may switch to fulltime working, on condition that not benefiting from this right again for the same child.
Employee who wants to benefit from this right or wants to switch to full time working shall notify the employer in writing at least one month before.
In case one of the parents is not working, the working partner cannot claim to work part-time.
Same right will be granted to adopters.
ADOPTING FAMILIES
Paid Leave
Employee shall be allowed to take three days leave of absence with pay in the event of adoption of a child.
Maternity Leave for Adopters
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.
Unpaid Leave
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.
Halftime work – Full Time Pay
Male or female adopter of a child under three years of age may work half time up to;
- sixty days on first child,
- one hundred and twenty days on second
- one hundred and eighty days for the third child.
- Non-worked hours will be compensated by the state.
Part Time Work for Adopters
As it is stated above, one of the adopting parents may claim to work part-time until the first day of the month following the date child’s compulsory schooling begins.
EMPLOYEES WITH DISABLED CHILD
Paid Leave
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.
Half Time Work
The period of half time working (with full pay) right stated above, will be applied as 360 days in case of child was born with disability.
