Turkish Labor Law
According to Article 74 of the Labor Law no. 4857, working mothers are given one and a half hour leave to breastfeed their children under the age of one. The employee herself determines what time and how many times she needs breastfeeding breaks. The periods spent on breastfeeding leave are counted in the daily working time. How about an accident while on breastfeeding break? Does it count as a work accident?
According to sub-clause d of Article 5 of the Social Insurance and General Health Insurance Law no. 5510, in case a breastfeeding insured worker has an accident during the time allocated for breastfeeding, it is considered as a work accident. Based on the SSI Circular dated 29 June 2016 and 2016/21, accidents such as the insured falling down the stairs on the way to or from the breastfeeding room at the workplace at the time determined to breastfeed her child are considered as work accidents.
It does not matter whether the accident is at the workplace or in the vehicle the employer has allocated to the employee. The accident of a working mother while going home to breastfeed her child is also recorded as a work accident. However, if the working woman has used her one-and-a-half hour breastfeeding leave for her private work and has an accident during this period, this will not be considered as a work accident.
According to the decision of the Supreme Court on the subject; “As a matter of fact, the incident is a work accident because the insured is a lactating woman. By applying Article 64 of the collective agreement, the insured who has been given breastfeeding for 2 hours (breastfeeding) by the employer to be used between 7 and 9 o’clock is struck by the motor vehicle used by the defendant while crossing the road to come to the workplace at 8:30. According to Article 66 of the Labor Law numbered 4857, “the periods determined for breastfeeding” are counted as part of the labor contract and the accident that occurs during this period is considered as a work accident. “
