Maternity leave, also referred to as parental leave in Turkish law, is a leave regulated to encompass the periods before and after childbirth, primarily focusing on the relationship between the newborn child and the mother, and the protection of the female employee's pregnancy status. Within this scope, the concept of maternity encompasses pregnancy, childbirth, and the post-natal periods as a whole. These three stages are legally protected. Prohibitions on employment and leaves granted to women are primarily regulated under the Constitution and the Labor Law.
According to the Constitution, permissible differences between men and women regarding working conditions and the right to rest do not constitute a violation of the principle of equality. Maternity leave is one such instance. Furthermore, it is stipulated that female employees not subject to the provisions of the Labor Law can also benefit from these provisions. Therefore, any employee working under an employment contract, regardless of the specific legislation they are subject to, can avail themselves of this leave.
✧ Table of Contents
What's Covered in This Article?
- When Does Maternity Leave Begin?
- How Many Days Does Maternity Leave Last?
- How Is Maternity Leave Calculated?
**When Does Maternity Leave Begin?**
As a general rule in Turkish law, maternity leave commences 8 weeks prior to childbirth. This period may be extended with a doctor's report, depending on the female employee's health condition or the nature of the work; however, the employer cannot reduce the protection period. If the pregnant employee requests it and there is a doctor's report stating that her work will not harm her health, the female employee may work up to 3 weeks before childbirth. Even if the female employee undertakes to work within the 3 weeks prior to childbirth, she may still refrain from working.
**How Many Days Does Maternity Leave Last?**
📎 Related: Visit our Corporate Law and Legal Consultancy page for detailed information.
We mentioned that maternity leave covers an 8-week period before childbirth. Similarly, as a general rule, the 8-week period after childbirth is also included in this leave. Thus, there is fundamentally a 16-week maternity leave period. This means the employee's maternity leave duration is 112 days. It should be noted that these periods cannot be shortened by the employer. If the female employee works up to 3 weeks before childbirth, she may add the unused periods from before childbirth to the 8-week period after childbirth. This regulation constitutes a right for the female employee. Therefore, she is not obliged to add the unused periods from before childbirth to the post-natal period. Furthermore, maternity leave is a leave that must be taken consecutively.
**How Is Maternity Leave Calculated?**
The 8-week maternity leave period before childbirth ends upon the actual birth. If childbirth occurs before the estimated due date, i.e., in the case of premature birth, the unused periods from before childbirth may be added to the post-natal period. These periods must be determined by a doctor's report. Another possibility is that childbirth occurs after the estimated due date. In this scenario, considering potential health issues that might cause the female employee to give birth late, the post-natal leave period should not be reduced.
From another perspective, the situation of stillbirth or the child passing away shortly after birth can be considered. In such cases, it can be argued that the post-natal leave period should not be reduced. This is because the scope of protection of maternity leave is not solely the child. Regardless of whether a healthy birth occurs, the mother's physical and mental health and recovery process must be taken into account. Finally, in the event of a miscarriage, as the birth event does not occur, post-natal leave cannot be invoked, and maternity leave after a miscarriage cannot be utilized.
What is the Duration of Maternity Leave for Multiple Pregnancies?
In the case of multiple pregnancies, i.e., being pregnant with more than one child, an additional 2 weeks are added to the 8-week period before childbirth. In this situation, the total maternity leave period for multiple pregnancies is 18 weeks, comprising 10 weeks before childbirth and 8 weeks after childbirth. The duration does not change for more than two children. Even in cases of multiple pregnancies, with the female employee's request and a doctor's report stating that working will not harm her health, she may work up to 3 weeks before childbirth. In this scenario, with the period to be added to the post-natal leave, up to 15 weeks of post-natal leave can be utilized.
Is the Duration of Maternity Leave Different for Civil Servants and Teachers?
No provision containing different durations for maternity leave periods has been regulated for female civil servants. Therefore, the 8-week periods before and after childbirth, the right to work up to 3 weeks before childbirth upon request, the addition of unused periods to the post-natal period, and the durations for multiple pregnancies are the same for civil servants. Maternity leave durations for teachers are also structured in this manner.
How Is Civil Servant Breastfeeding Leave Calculated?
The duration of breastfeeding leave for civil servants has been increased for the first 6 months with an amendment made to Law No. 6111. Accordingly, a female civil servant who has given birth will be able to use 3 hours of breastfeeding leave in the first 6 months and 1.5 hours in the subsequent 6 months.
Does the Mother's Death Grant Maternity Leave Rights to the Father?
If the mother passes away during childbirth or within the post-natal leave period, it is possible for the father to take the remaining maternity leave upon his request. The period for which the father can take leave is equivalent to the unused leave period by the mother. For this right to be exercised, the deceased mother must have been an employee entitled to maternity leave. If a mother passes away before childbirth, it will not be possible to exercise this right.
Is Maternity Leave Possible in Adoption?
According to the legal provisions regulating maternity leave, one of the adopting spouses or the adopter who adopts a child under the age of three is granted 8 weeks of maternity leave. This period commences from the moment the child is physically delivered.
What Happens After Maternity Leave Ends?
Upon the expiration of the aforementioned leave periods, the female employee is required to return to work. However, for the employee to return, a doctor's report stating that there is no impediment to her working as a nursing mother is required. After maternity leave, the employee may request to work in her former position or an equivalent one. The employer, in turn, is obliged to employ the returning employee in the same or an equivalent position.
How Much Is Maternity Leave Pay?
The 8-week periods we discussed, totaling 16 weeks of maternity leave, and the additional 2-week period for multiple pregnancies, are covered as paid leave. During these periods, the employee taking maternity leave will continue to receive her full wages. For subsequent periods, the right to unpaid leave is also stipulated, if requested.
When Is Maternity Report Pay Deposited?
Maternity report pay is the amount paid by the Social Security Institution (SGK) to an employee who is temporarily unable to work due to childbirth. Maternity report pay is calculated over 112 days for a single child and 126 days for multiple pregnancies, and is deposited into the employee's PTT accounts. Upon the employer's notification of the maternity report to the SGK, the maternity report pay will be deposited within 15 days.
How Is Breastfeeding Leave Utilized?
Breastfeeding leave is a right granted to female employees who naturally need to breastfeed their child after childbirth. As per the legal provision, a female employee may use a total of 1.5 hours of breastfeeding leave per day until the child reaches 1 year of age after childbirth. The employee decides at what hours of the day and in how many segments this period will be utilized. The breastfeeding leave period is counted as part of the daily working hours, and women not employed under the Labor Law can also benefit from this right.
What Is the Duration of Post-Natal Unpaid Leave?
Upon request after the expiration of maternity leave periods, a female employee is granted up to 6 months of unpaid leave. This right is also granted to one of the adopting spouses or the adopter in the case of adopting a child under the age of 3. The unpaid leave period requested after maternity leave cannot be taken into account when calculating annual leave periods.
How Many Days Is Paternity Leave?
Paternity leave is a leave that a father whose spouse has given birth can utilize during the post-natal period. This leave is a right granted to the father. Regulated as a special paid leave, it is a paid leave. If the father whose spouse has given birth is an employee, this leave is 5 days from the date of birth. If the father is a civil servant, the said leave is 10 days from the date of birth, upon request. If an employee father adopts a child under the age of 3, he is granted 3 days of paid special leave upon request.
You can send us your questions regarding maternity leave via the form below.
Av. Mehmet Yücesoy
İzmir Attorney & Legal Consultancy
You can contact us to receive professional support for your legal processes and needs.
Contact Now