Flexible Working After Childbirth and Adoption in Turkey

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Working class in Turkey isacquainted with first time introduced rights concerning their working times after birth and adoption. Turkish mothers have sixteen weeks statutory maternity leave and may take an additional unpaid leave up to six months starting from this period. There were no arrangements concerning the leaves or pays of male employers or the adopters.

Now with the "Law on Amending Income Tax Law and Some Other Laws No.6663,"that has been accepted in General Assembly on 29 January 2016, 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 coupleor the adopter) who adopted a child under three years of age will be benefiting from the same right.

Any one of the working parents will be allowed to work half time until the child begins to school, and the same rightwill be granted to adopting parents. But non-worked hours during this period will not be covered.

Male employees and adopting parents will be benefiting from many of the rights solely granted to working mothers, such as the right of adopters to have 8 weeks paid maternity leave starting from the date the child is handed over to them.

These rights are granted to both civil servants and private sector employees with slight differences. However the main concern of this article will be the employees (workers) working in private sector workplaces.

FULL WAGE FOR PART TIME WORK AFTER CHILDBIRTH OR ADOPTION

Pursuant tosecond paragraph of article 74 of Law No. 4857 which is appended by"Article 22 of Law on Amending Income Tax Law and Some Other Laws No,6663,"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 two months on first childbirth, four months on second and six months for the third child,"and non-worked hours will be compensated by the state as it will be seenin another appended article below that arranges the "half time working pay after childbirth and adoption."

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.

All employees working under an employment contract, regardless of whether in the scope of this Law or notwill be benefited from the above stated rights.

Related Paragraph

Full translation of the appended 2nd paragraphis provided below.

"ARTICLE 22 - … The following 2nd paragraph, arranged as to come after 1st paragraph, will be added to article 74 of Law No. 4857,

“After the maternity leave period stated in the first paragraph of Article 74, for the purpose of taking care of and upbringing the child, and on condition that baby is born alive, working women or the male or female adopter of a child under three years of age, may be given upon their request, unpaid leave of half of the weekly working time up to the periods of sixty dayson first childbirth, one hundred and twenty days on second and one hundred and twenty days for the third child. In case of multiple births one month will be added to those periods. This period will be applied as 360 days in case of child was born with disability.Within the duration in which the provision of this paragraph is benefited, the provisions related to breast-feeding leave shall not be applied."
…the following paragraph are added to aforesaid article,

"The provisions of article 74 of Law No. 4857shall be applied to all employees working under an employment contract, regardless of whether in the scope of this Law or not."

HALF TIME WORKING PAY AFTER CHILDBIRTH AND ADOPTION

As it is seen in the appended article above, the stated employees are granted an unpaid leave up to certain periods. And with the Provisional Article 5 which is appended to Unemployment Insurance Law No. 4447 by the above mentioned Law,these unpaid leave periods (non-worked half hours) will be covered by "Half Time Working Pay after Childbirth and Adoption."

Insurance premiums and wages corresponding to hours worked will be paid by employer, and insurance premiums and wages foroff-hours will be covered by the state through Unemployment Insurance Fund.

State subsidy will be equal to daily gross minimum wage, and will be paid to every eligible mothers, parentsand adopters regardless of the payment made to them by the employers.

Qualifying Conditions

Employee should satisfy the below conditions to qualify for half time working pay;

• Minimum 600 days unemployment insurance premiums should be notified for employee within the last three years prior to childbirth,
• Employee should be working half of the weekly working time stated in Article 63 of Labor Law No. 4857.
• Employee should apply to the Institution with "half time work after childbirth or/and adoption document" within 30 days after the date the paid maternity leave expired.In case of failure on applying in time, except force majeure, the payment will be made by deducting the delayed period from the total period during which "half time working pay after childbirth and adoption" is deserved.

These payments are not subject to any tax or deduction, except stamp tax.

For those who are entitled to temporary incapacity allowance no half time working pay will be paid during the continuation of the situation. Inappropriate payments, due to reason caused by employer's submitting incorrect information or documents, will be collected from employer together with legal interest.

Related Article

Full translation of the related article 20 of Law on Amending Income Tax Law and Some Other Laws No.6663is provided below.

ARTICLE 20 - Following Provisional Article shall be appended to Unemployment Insurance Law n. 4447.

"Half time working pays after childbirth and adoption

PROVISIONAL ARTICLE 5 - Employee shall be paid half time working pay after childbirth or/and adoption during which period she is permitted to unpaid leave in accordance with the second paragraph of Article 74, Labor Law no. 4857. Pay period is half of the weekly working time stated in Article 63 of Labor Law No. 4857. Payment shall be made from the Fund within the second month following the month to which monthly premium and service document belongs. Daily amount of half time working pay after childbirth and adoption will be equal to daily gross minimum wage. Forbenefiting from the provisions of this article; minimum 600 days unemployment insurance premiums should be notified for employee within the last three years prior to childbirth or adoption,employee should be working half of the weekly working time stated in Article 63 of Labor Law n. 4857, employee should apply to the Institution with "half time work after childbirth or adoption document" within 30 days after the date the paid adoption or maternity leave expired. In case of failure on applying in time, except force majeure, the payment will be made by deducting the delayed period from the total period during which "half time working pay after childbirth or adoption" deserved.These payments are not subject to any tax or deduction, except stamp tax. For those who are entitled to temporary incapacity allowance no half time working pay will be paid during the continuation of the situation. Inappropriate payments due to reason caused by employer's submitting incorrect information or documents will be collected from employer together with legal interest. Provisions of this article shall also be applied to personnel who are subject to statute of funds within the scope of provisional article of Law No. 506.

Procedures and principles as to the application of this article shall be determined collectively by The Finance Ministry, Social Security Institution, (Turkish Employment) Organisation and Undersecretariat of Treasury.

HALF TIME WORK UNTIL THE CHILD BEGINS THE SCHOOL

By virtue of Article 21 of above mentioned "Law on Amending Income Tax Law and Some Other Laws"which appends some paragraphs to Article 13 of Labor Law; Parents may choose to work half time until the first day of the month following the date child’s compulsory schooling begins.

Same right will be granted to adopters who, solely or together with the partner, adopted a child under three years of age, starting from the date the child is handed over to them.

Entitlement

The claim as regard to work half-time for the periods stated above should be made by notifying the employer in writing at least one month before,and this claim cannot constitute a just cause for the employer for terminating the employment contract.

Employee may switch to fulltime working by notifying the employer in writing at least one month before,on condition that not benefiting from this right again for the same child.

In case one of the parents is not working, this provision cannot be applied.

Replacement/Labor Hire

In case the halftime working employee returns to full time work, the employment contract of the employee who replaced him/her during this period will be terminated automatically.

Permissible Sector sand Works

The Ministry of Labor and Social Security will determine the fields and works in which halftime work is permissible.

Related Article

Full translation of the related article 21 of Law on Amending Income Tax Law and Some Other Laws No.6663 is provided below.

ARTICLE 21 - The following paragraphs are appended to Article 13 of Labor Law No. 4857,
"After the leave periods set forth in Article 74 of this law, one of the parentsmay claim to work halftime 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 halftime within the scope of this paragraph, may switch to fulltime working,on condition that not benefiting from this right again for the same child. In case the halftime working employee returns to full time work, the employment contract of the employee who replaced him/her during this period will be terminated automatically.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 halftime. Adopters who, solely or together with the partner adopted a child under three years of age shall be benefiting from this right, starting from the date the child is handed over to them.

The fields and works in which halftime work is permissible, and application procedures and principles shall be determined in a Regulation prepared by The Ministry of Labor and Social Security.

PARENTAL AND ADOPTIVELEAVE

As it is seen above, male partners and adoptive parents will be allowed to benefit from the same rights the working mothers are enjoying, and also first time introduced pays and leaves are provided for them.

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.

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.

Also the right of mother to have 6 months unpaid leave after childbirth stated in 5th paragraph of Labor Law Article 74will also be granted to one of the married couple or the adopter who adopted a child under three years of age.

Related Article

ARTICLE 22 - … the following sentences will be added to first paragraph,article 74 of Law No. 4857,
"In case the mother dies in childbirth or after the child was born, the unused leaves related the post-natal period shall be granted to father.One of the married couple or the adopter who adopted a child under three years of age will be granted 8 weeks maternity leave starting from the date the child is handed over to them."
…the following sentence, arranged as to come after the first sentence of present 5th paragraph, shall beadded to above mentioned aforesaid article,
"This leave shall be granted to one of the married couple or the adopter who adopted a child under three years of age"
…the following paragraph are added to aforesaid article,
"The provisions of article 74 of Law No. 4857shall be applied to all employees working under an employment contract, regardless of whether in the scope of this Law or not."

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