Turkish labor law: maternity leave
 
 
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21 May 2013 Tuesday
 
 
 
 
 
 
Expat Zone 28 May 2008, Wednesday 1 0 0 0
BERK ÇEKTİR
b.cektir@todayszaman.com

Turkish labor law: maternity leave

Today I will give you some information on maternity leave. Maternity leave used to be regulated under Turkish law in minimal detail, but a recently enacted labor law provides more specific regulations governing maternity leave.

Before I go any further, I should inform you about the name of the Turkish labor law. Turkish Labor Law No. 4857 is known as the "new labor law" among human resources managers and legal professionals. One of the main reasons Labor Law No. 4857 is called this is that it introduced fundamental new regulations to business life in terms of the employee-employer relationship. This new legislation was enacted after a long period of silence on the topic.

How does Turkish law deal with maternity matters? Is there maternity leave and if so, how long is it?

Turkish law grants maternity leave for mothers. The basic rule is that a mother should have eight weeks of maternity leave prior to delivery and an additional period of eight weeks after it. If the mother gives birth to multiple babies, an additional two weeks of maternity leave is recommended; however, this is not mandatory on the part of the employer.

If the mother would like to work in the weeks leading up to delivery, she should submit a report from a medical doctor saying that there is no risk to the health of the baby or the mother if she works. Upon submitting such a report, the mother will be able to work until three weeks prior to the expected date of delivery. If the mother requests this, the time spent working prior to delivery will be added to the period of maternity leave to be granted after it. The mother is entitled a further eight weeks' leave following the birth.

In addition, if the working mother asks for further leave from her employer, the employer is obliged to provide an additional period of maternity leave of up to six months. To clarify, this six-month period is in addition to the 16 weeks. In this case, the six extra months of leave will be unpaid.

This is not the only period granted for maternity; the mother is allowed an hour and a half for breast feeding every day for those with babies under 1 year old. This period counts as paid working hours. The period for breast feeding is scheduled by the working mother herself, and the schedule is submitted to the employer.

Question; "I am planning to get married and have a baby. Do I have any way to quit my job and receive compensation?"

Yes, you can benefit from an article that allows women to quit their jobs and be entitled to redundancy pay (compensation paid when an employee quits on valid grounds or upon being fired). If you plan to do so and want to quit your job, you should notify your employer of the date of your prospective marriage and when you want to quit. This is not considered a resignation; the employer is required to offer you compensation, calculated on the number of years you have worked for the company.


NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.

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