Turkish Labor Law
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Clauses of Labor Law no 4857 require that “female employees must not be engaged in work for a total period of sixteen weeks, eight weeks before confinement and eight weeks after confinement.” However, a female employee whose health condition is suitable as approved by a physician’s certificate may work at the establishment if she so wishes, up until three weeks before delivery. In this case the time during which she has worked shall be added to the time period allowed to her after confinement.
As the female insurance holder cannot work for 16 weeks during maternity leave, she receives temporary incapacity allowance in accordance with the related clauses of Social Insurance and Universal Health Insurance Law no 5510. The female insurance holder receives temporary incapacity allowance for 16 weeks as long as she meets the requirements of law. There is no obligation ofthe employer to make any payments during temporary incapacity. If the employee does not receive payment during her leave, insurance premium will not be paid as there will not be an average daily earning taken as basis to premium.
