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1. What is the duration of maternity leave for a female employee?
Pursuant to Article 74/1 of the Labor Law No. 4857 (the "Law"), female employees shall not be employed for a total period of sixteen weeks, consisting of eight weeks before childbirth and eight weeks after childbirth. In the case of multiple pregnancy, the leave period to be used before childbirth is increased by two weeks, and in this case the pre-natal leave is applied as ten weeks and the post-natal leave as eight weeks.
2. Can the eight-week leave periods before and after childbirth be increased?
Yes. Pursuant to Article 74/3 of the Law No. 4857, the leave periods prescribed before and after childbirth may be increased by a doctor's report, taking into account the employee's health condition or the nature of the work performed.
3. Can a portion of the eight-week pre-natal leave be transferred to the post-natal period?
Yes. According to Article 74/1 of the Law No. 4857, a female employee whose health condition is suitable and who has a doctor's approval may continue to work until the last three weeks before childbirth. In this case, the period worked before childbirth is added to the post-natal leave period. For example, a female employee who continues to work until three weeks before childbirth will be deemed not to have used five weeks of her pre-natal leave, and this period will be added to her post-natal leave, allowing her to use a total of thirteen weeks of leave after childbirth.
4. Is there a special regulation regarding maternity leave for female journalists?
Yes. Maternity leave for female journalists working in the press sector is regulated not in the Law No. 4857 but in the Law No. 5953 on the Regulation of the Relations between Employers and Employees in the Press Profession. According to this law, a female journalist is deemed to be on leave from the seventh month of pregnancy until the end of the second month following childbirth.
5. Can a female employee be assigned to lighter work during pregnancy if deemed necessary by a doctor's report?
Yes. Pursuant to Article 74/5 of the Law No. 4857, if deemed necessary by a doctor's report, a pregnant employee shall be assigned to lighter work appropriate to her health condition, and no reduction shall be made in her wage due to this change. If it is not possible to assign the employee to another duty, unpaid leave shall be granted upon the employee's request for the period necessary to protect the health of the employee and the child. The period used in this manner shall not be considered in the calculation of annual paid leave.
6. Are maternity leaves considered when calculating annual paid leave?
The periods during which female employees are prohibited from working before and after childbirth pursuant to Article 74 of the Law No. 4857, namely eight weeks before and eight weeks after childbirth (ten weeks before and eight weeks after childbirth in the case of multiple pregnancy), shall be deemed as time worked in the calculation of annual leave entitlements.
7. How can a female employee undergo periodic medical examinations during pregnancy while working?
Pursuant to Article 74/4 of the Law No. 4857, the employer must grant paid leave to a pregnant employee so that she may undergo the necessary periodic examinations during pregnancy.
8. Can a female employee take unpaid leave for the care of her child after childbirth?
Yes. Pursuant to Article 74 of the Law No. 4857, a female employee may, upon request, take up to six months of unpaid leave following the completion of the sixteen-week maternity leave used before and after childbirth (eighteen weeks in the case of multiple pregnancy). The period used in this manner shall not be considered in the calculation of annual paid leave.
9. What is the duration of the breastfeeding leave of a female employee and how is it used?
Pursuant to Article 74/7 of the Law No. 4857, a female employee shall be granted a total of one and a half hours of breastfeeding leave per day to breastfeed her child under the age of one. The female employee herself decides between which hours and in how many segments this leave will be used.
10. Can the employer make any deduction from my wage because I use breastfeeding leave?
No. Pursuant to Article 74 of the Law No. 4857, the daily one and a half hours of breastfeeding leave granted to a female employee to breastfeed her child under the age of one is considered as working time. Therefore, it is not possible for the employer to make any deduction from the wage of a female employee who uses breastfeeding leave.
11. What is the right to half-time work for a female employee?
Half-time work is an unpaid leave right granted for half of the weekly working time, used for the care and upbringing of the child starting from the end of maternity leave. The employee has the right to half-time work for 60 days for the first childbirth, 120 days for the second childbirth, and 180 days for the third and subsequent childbirth. In cases of multiple births, 30 days are added to these periods. If the child is born disabled, the period is applied as 360 days.
The half-time work allowance is the payment made by İŞKUR to employees who use the right to half-time work and meet the necessary conditions for the periods during which they do not work. In order to benefit from the allowance; at least 600 days of unemployment insurance premiums must have been reported within the last three years before the date of birth or adoption, the employee must actually work for half of the weekly working time, the child must be alive, and an application must be made to İŞKUR in person or electronically within 30 days from the date on which maternity leave ends.
The duration of the half-time working allowance is determined as 30 days for the first childbirth, 60 days for the second childbirth, 90 days for the third and subsequent childbirths, and 180 days if the child is born disabled. For the additional 30 days granted in cases of multiple births, an allowance is paid for 15 days. The amount of the allowance is equal to the daily gross minimum wage regardless of the employee's wage and is not subject to any deductions other than stamp tax. The half-time working allowance is terminated in cases where temporary incapacity allowance is received, the child dies or the adoption relationship ends, the employee works in another job during the unpaid leave period, or the employee leaves the job.
12. What should be the daily working hours of a pregnant or breastfeeding female employee?
Pregnant or breastfeeding female employees cannot be employed for more than seven and a half hours per day pursuant to the Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women, and Nursing Rooms and Childcare Dormitories.
13. Can the employer require a pregnant female employee to work at night?
No. Pursuant to the Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women, and Nursing Rooms and Childcare Dormitories, a female employee cannot be employed in night work from the moment her pregnancy is determined by a medical report until childbirth.
14. Can the employer require a breastfeeding female employee to work at night?
Pursuant to the Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women, and Nursing Rooms and Childcare Dormitories, breastfeeding female employees cannot be employed in night shifts for six months from the date of childbirth. However, if deemed necessary for the health of the mother and the child, this period may be extended up to one year with a report issued by the workplace doctor or authorized health institutions.
15. Do employers who employ female workers have an obligation to establish a nursing room and a nursery?
Yes. Pursuant to the Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women, and Nursing Rooms and Childcare Dormitories, employers are obliged to establish a nursing room or a nursery/nursery depending on the number of female employees. Accordingly, if there are between one hundred and one hundred and fifty female employees in the workplace, a nursing room must be established at a distance of no more than two hundred and fifty meters from the workplace so that children under the age of one can be left there and breastfeeding employees can breastfeed their children. If the number of female employees exceeds one hundred and fifty, a nursery near the workplace must be established for the care of children between the ages of zero and six. If the nursery is located more than two hundred and fifty meters away from the workplace, the employer is obliged to provide transportation for the employees.
Employers may fulfil this obligation either individually or jointly with other employers by establishing a common room or nursery, or by entering into an agreement with a nursery that meets the conditions stipulated in the regulation. In determining the obligation to establish a nursing room or nursery, the total number of female employees working in all workplaces of the employer within municipal and adjacent area boundaries is considered.
16. Is it possible to work part-time until the child reaches a certain age after childbirth?
Yes. Pursuant to Article 13 of the Law No. 4857 and the Regulation on Part-Time Work After Birth or Adoption, a female employee may request part-time work by applying to the employer in writing at least one month in advance after the end of maternity leave. This right to part-time work may be exercised until the beginning of the month following the date on which the child starts compulsory primary education.
The employer is obliged to accept this request except for the exceptional works specified in the legislation, and requesting part-time work does not constitute a valid reason for the termination of the employment contract. Nevertheless, in the event of such termination, the employee may file a reinstatement lawsuit and claim the compensation she is entitled to if the conditions are met.
In part-time work, the employee receives wages only for the period she works.
17. Who can benefit from the right to part-time work?
Pursuant to the Regulation on Part-Time Work After Birth or Adoption, only one of the parents may benefit from the right to part-time work. If one of the spouses does not work, the working spouse cannot benefit from this right.
18. Is it possible to return to full-time work before the end of the period after starting part-time work?
Yes. Pursuant to Article 14 of the Regulation on Part-Time Work After Birth or Adoption, an employee who has started part-time work may return to full-time work without waiting for the end of the period. For this purpose, the employer must be notified in writing at least one month in advance. However, if the employee returns to full-time work in this manner, it will not be possible to benefit again from the right to part-time work for the same child.
19. Can a female employee who has just started work benefit from maternity-related health benefits?
Yes. Pursuant to the Social Insurance and General Health Insurance Law No. 5510, in order to benefit from health services, at least thirty days of general health insurance premiums must have been paid within the last year as a rule. However, this condition is not required in the case of maternity. Even if the insured woman has just started work and has not yet fulfilled the thirty-day premium payment condition, examinations, tests, analyses, medical interventions and treatments related to pregnancy and childbirth are covered within the scope of general health insurance.
20. What are the rights of an employee who is subjected to discrimination due to pregnancy?
Pursuant to Article 5 of the Law No. 4857, the employer cannot treat an employee differently directly or indirectly due to gender or pregnancy in the conclusion, conditions, implementation or termination of the employment contract, unless biological reasons or reasons related to the nature of the work make it necessary.
A lower wage cannot be determined for the same or work of equal value due to gender.
The application of special protective provisions due to the employee's gender does not justify the application of a lower wage.
The employee who alleges that the employer has acted in violation of the obligation of equal treatment due to pregnancy or maternity is obliged to prove this claim. However, when the employee presents a situation strongly indicating the possibility of discrimination, the burden of proof shifts to the employer and the employer must prove that such a violation does not exist. In this case, the employee may request appropriate compensation up to the amount of four months' wages and the rights she has been deprived of, and if she has more than one year of seniority, she may also terminate the employment contract for just cause and claim severance pay.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
