MATERNITY LEAVE PERIODS REGULATED UNDER THE LABOR LAW
MATERNITY LEAVE PERIODS REGULATED UNDER THE LABOR LAW
In this article, we will endeavor to explain in detail what maternity leave is and the legal periods regulated under the law for our valued readers.
Maternity leave is a right granted to women from the beginning of the pregnancy process. Maternity leave is divided into two categories: pre-natal maternity leave and post-natal maternity leave. Maternity leave is a process that can continue from the pregnancy period until a certain time after the birth of the baby, taking the forms of unpaid leave, breastfeeding leave, the right to part-time work, and the right to partial work.
According to Article 74 of the Labor Law No. 4857, it is essential that female employees are not employed for a total of sixteen weeks, eight weeks before birth and eight weeks after birth. In the case of multiple pregnancies, two weeks are added to the eight-week period before birth.
Specifically, a female employee may take leave in the 32nd week of her pregnancy. However, if her health condition is good and she wishes to continue working for this reason, she may continue to work until three weeks before the birth by obtaining a report from her doctor stating that working will not pose a risk to her pregnancy. These periods during which she worked are added to the post-natal leave periods.
Female employees must complete certain procedures to use their legal right to maternity leave. A female employee in the 32nd week of her pregnancy must have the report she receives from her doctor approved by the SSK hospital or clinic to which she is affiliated and submit it to the relevant personnel department at her institution.
As we have mentioned in detail above, if female employees wish, they can take maternity leave in the 32nd week of their pregnancy by completing these procedures, or if their health condition is suitable for working, they can continue to work until three weeks before birth. The expression “until three weeks before birth” in the Labor Law indicates that it is prohibited for a female employee to work with less time remaining. Since the pregnancy process is 40 weeks, it is forbidden for expectant mothers to work after the 37th week.
In the event of a premature birth, if the female employee could not use her pre-natal maternity leave before giving birth, this leave period is added to the post-natal maternity leave period.
After these leaves are exhausted, the female employee may also take 6 months of unpaid leave if she wishes. The employer's approval is not required to use this leave. It is sufficient for the woman to inform the employer that she will take unpaid leave. An employer who does not grant unpaid leave to a female employee can be reported to the Ministry of Labor and Social Security.
Regarding breastfeeding leave, which is another type of maternity leave, it is a leave granted to female employees to breastfeed their babies under the age of one, totaling one and a half hours per day. The female employee herself will determine the time interval for the leave and how many times it will be divided.
If the female employee wishes after the birth, she will be granted the right to part-time work for the care, supervision, and upbringing of the child. In this case, the female employee will be granted unpaid leave for half of the weekly working hours.
After the completion of post-natal leaves, the mother or father will be granted the right to partial-time work if they wish, until the beginning of the month following the date the child reaches the age of compulsory primary education. An employee who benefits from this right once and returns to full-time work upon their request cannot benefit from this right again for the same child. To benefit from this leave, the request must be notified to the employer in writing one month in advance.
Maternity leave is a leave granted only to female employees. For this reason, paternity leave has also been granted to male employees who become fathers as a parallel right. Paternity leave varies for civil servants and employees. According to the Civil Servants Law No. 657, the duration of paternity leave for civil servants is 10 days. According to the Labor Law No. 4857, the duration of paternity leave for male employees is 5 days. According to the Principles Regarding the Employment of Contracted Personnel, the duration of paternity leave for contracted male personnel is accepted as 2 days.