All legal regulations that female employees in Türkiye need to know regarding prenatal and postnatal leave entitlements, breastfeeding break duration, unpaid leave options, and adoption-related rights.
In this article, we clearly and comprehensively cover all the details of maternity leave, postnatal part-time work, breastfeeding breaks, and unpaid leave rights granted to female employees under Article 74 of the Turkish Labour Law.
What You Need to Know About Maternity and Breastfeeding Leave Under Turkish Labour Law
In order to protect the job security and social rights of female employees during pregnancy and postpartum periods, the Turkish Labour Law contains detailed provisions. Article 74 of Law No. 4857 establishes the legal framework for maternity leave and postpartum rights granted to working mothers. This article provides the most up-to-date information on the frequently asked topics of maternity leave, breastfeeding breaks, part-time work, and unpaid leave for working mothers.
- What Is the Duration of Maternity Leave for Employees in Workplaces in Türkiye?
Female employees are entitled to a total of sixteen weeks of paid leave — eight weeks before and eight weeks after childbirth. In cases of multiple pregnancies, an additional two weeks are added to the prenatal leave period.
- Do Women Lose Their Rights in the Case of Premature Birth?
No. If a female employee gives birth prematurely, the unused portion of the prenatal leave is added to the postnatal leave period.
- Can a Female Employee Work Up to Three Weeks Before Birth?
Yes. If the employee wishes to continue working and her health condition permits, she may work up to three weeks before the expected delivery date, with a doctor’s approval. The period worked is then added to the postnatal leave.
- Does the Father Inherit the Leave in the Event of the Mother’s Death?
Yes. In the event of the mother’s death during or after childbirth, the unused portion of the postnatal leave is granted to the father.
- Is Maternity Leave Granted in the Case of Adoption?
Yes. In the case of adopting a child under the age of three, one of the adoptive parents or the individual adopting the child is entitled to eight weeks of maternity leave starting from the date the child is placed with the family.
- Postnatal Part-Time Work Rights for Female Employees in Türkiye
Provided the child is alive following birth, the female employee is entitled to unpaid part-time work amounting to half of her weekly working hours for the following durations:
- 60 days for the first birth,
- 120 days for the second birth,
- 180 days for subsequent births.
In cases of multiple births, an additional 30 days is granted. If the child is born with a disability, the duration is 360 days.
Note: During these periods, breastfeeding breaks are not applicable.
- Paid Leave for Prenatal Medical Check-Ups
Pregnant employees are entitled to paid leave to attend regular medical check-ups during pregnancy.
- Right to Work in a Lighter Role
If deemed medically necessary by a physician, the pregnant employee shall be assigned to lighter duties compatible with her health. In such cases, there shall be no reduction in wages.
- Up to Six Months of Unpaid Leave
After childbirth (or following the end of the 18-week leave in the case of multiple births), the female employee may request unpaid leave for up to six months. This right also applies to employees who adopt a child under the age of three. This unpaid leave is not included in the calculation of annual leave entitlement.
- Right to Breastfeeding Breaks
A female employee is entitled to 1.5 hours of breastfeeding break per day until her child turns one year old. The timing and distribution of this break are determined by the employee herself. Breastfeeding breaks are considered part of the working time.
Applicability to All Employees
These rights apply to all employees working under an employment contract, regardless of whether they are covered by the Turkish Labour Law.
Q&A Summary
- How many weeks of maternity leave are granted to female employees?
16 weeks in total, or 18 weeks in the case of multiple births. - Can I work up to three weeks before giving birth?
Yes, if medically approved and your health condition allows. - What happens to unused leave in the case of premature birth?
It is added to the postnatal leave period. - Who can use the remaining leave if the mother dies?
The father may use the remaining postnatal leave. - Is there a leave entitlement in case of adoption?
Yes, 8 weeks of maternity leave is granted. - What are the part-time work entitlements after childbirth?
60 days for the first birth, 120 days for the second, 180 days for subsequent births. - Is the entitlement extended if the child is born with a disability?
Yes, up to 360 days. - Is there leave for prenatal medical check-ups?
Yes, employees are entitled to paid leave. - How long is the daily breastfeeding break and how is it used?
5 hours daily; the employee decides the timing. - Do these rights apply to all employees?
Yes, they apply to all employees under an employment contract.
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither Karen Audit nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
