Turkish Labor Law
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Question:
When I was 32 week pregnant, I got a medical permit that let me work until the labor. Due to a complication in the later weeks, I had an emergency ceasarian on the 36th week. I am wondering, since I have not used any of my maternity leave, am I eligible for the entire 16 weeks or 13 weeks after labor?
Answer:
Based on labor law no.4857/74, the soon-to-be-mother employee is entitled to leave 8 weeks before and 8 weeks after the delivery of her baby. She can work until 3 weeks prior to labor by doctor’s approval. If the employee has not used any of her leave before delivery based on her own will, there is no legal arrangement which states that she can take the full 16 week leave after labor. The post-labor leave is legally restricted to 13 weeks. However, since there was an emergency that required early delivery by C-section, this could qualify as an exception and the full 16 weeks could be used after labor.
