The Turkish Labour Code No. 4857 defines the minimum standards to be applied to workers in the employment relationship. One of the worker groups regulated specifically in the aforimentioned law is pregnant and breastfeeding employees. Within the obligations of the law, employers are obliged to open breastfeeding rooms and nurseries in workplaces if certain conditions are met.
Accordingly, in workplaces with 100 to 150 female employees, regardless of their age and marital status, it is mandatory for the employer to establish a breastfeeding room separate from the workplace and at most 250 meters away from the workplace for breastfeeding employees to breastfeed their children. The breastfeeding room in question must meet the minimum requirements defined in the Regulation on the Employment Conditions of Pregnant or Breastfeeding Women, Breastfeeding Rooms and Child Care Centres issued pursuant to Act No. 4857.
Similarly, in workplaces with more than 150 female employees, regardless of their age and marital status, it is mandatory for the employer to establish a nursing home separate from the workplace and close to the workplace for the leaving and care of children aged 0-6 and for breastfeeding employees to breastfeed their children. The dormitory must be prepared in a way that meets the minimum requirements defined in the said regulation.
If the nursery house is more than 250 meters away from the workplace, the employer is obliged to provide transportation.
Employers can establish rooms and dormitories jointly, or they can fulfill their obligation to open rooms and dormitories through agreements with dormitories authorized by public institutions.
In determining the obligation to open rooms and dormitories, the total number of female employees in all workplaces within the boundaries of the employer’s municipality and adjacent areas is taken into account.
Male employees whose mothers have died or whose custody has been given to their fathers are also included in the calculation of the number of female employees required to establish a nursing room and/or nursery.
Who Can Benefit from the Breastfeeding Room and Nursery?
Children of female employees and children of male employees whose mothers have died or whose custody has been given to their fathers benefit from the nursing rooms and dormitories. Children aged 0-1 and under the age of primary school enrollment are admitted to the rooms.
It is forbidden for anyone other than children and staff to be present in the rooms and dormitories and to use them for purposes other than their intended use. Children aged 0-24 months, 25-48 months and 49 months and older are kept separately from each other in the dormitories.
Children are left in the rooms and dormitories before starting work and are taken away at the end of work. Mothers and fathers can see and care for their children during break time, provided that they comply with the rules regarding the discipline and management of the rooms and dormitories.
In sum, employers are obliged to open breastfeeding rooms and nurseries in workplaces in accordance with the Turkish Labour Code No. 4857, if certain number of female employees are existing in the workplace. Pregnant and breastfeeding employees are one of the employee groups subjected to positive discrimination and accordingly, breastfeeding rooms and nurseries are required to fit to certain standards defined in the Regulation on the Employment Conditions of Pregnant or Breastfeeding Women, Breastfeeding Rooms and Child Care Centres issued pursuant to Act No. 4857.
