Regulations regarding workers’ rights in Türkiye are regulated in the Labour Code No. 4857, which is the primary legislation of the Turkish Labour Law. Pregnant and breastfeeding workers are a group subject to special regulations in the said law.
Accordingly, it is essential that female workers are not allowed to work for a total of sixteen weeks, eight weeks before and eight weeks after birth with a medical report. In the case of multiple pregnancies, two weeks are added to the eight-week period that will not be worked before birth.
However, if the health condition of the employee is suitable, with the approval of the doctor, the female worker may work at the workplace up to three weeks before birth if she wishes. In this case, the periods worked by the female worker are added to the post-birth periods. In the event that the female worker gives birth prematurely, the periods that cannot be worked before birth are added to the post-birth periods and used.
In the event of the mother’s death during or after birth, the periods that cannot be used after birth are used by the father.
One of the spouses who adopts a child under the age of three or the adopter is granted eight weeks of maternity leave starting from the date the child is actually delivered to the family.
Following the end of the postpartum maternity leave specified above, in order to care for and raise their child and provided that the child is alive, female workers and female or male workers who adopt a child under the age of three must be granted unpaid leave equal to half of their weekly working hours for sixty days for the first birth, one hundred and twenty days for the second birth, and one hundred and eighty days for subsequent births. In the case of multiple births, thirty days are added to these periods. In the event of a disabled child, this period is applied as three hundred and sixty days.
The periods specified above may be increased, if necessary, before and after birth, depending on the health status of the worker and the nature of the work. These periods are specified by a medical report.
Paid leave must be granted to female workers for periodic check-ups during pregnancy.
If deemed necessary by a medical report, the pregnant female worker is employed in lighter jobs suitable for her health. In this case, no reduction is made to the worker’s wage.
Upon request, the female worker is granted unpaid leave for up to six months after the completion of the sixteen-week period or after the eighteen-week period in the case of multiple pregnancies. This leave is granted to one of the spouses or the adopter in case of adoption of a child under the age of three. This period is not taken into account in the calculation of annual paid leave rights.
After giving birth, female workers are given a total of one and a half hours of breastfeeding leave per day to breastfeed their children under the age of one. The worker determines the hours between which this period will be used and how many times it will be divided. This period is counted as daily working hours.
These rights apply to all types of workers, whether or not they are covered by the Labour Code No. 4857, Turkish Code of Obligations or other relevant laws.
