Maternity Leave and Pregnancy Rights in Turkey (Part 1)

Pregnancy Rights in the Workplace

Turkish Labor Law No. 4857 provides extensive protection for female employees during pregnancy and maternity. The goal is to protect the health of both the mother and the baby while ensuring job security.

1. Notification and Protection

• Disclosure: The employee should inform the employer of pregnancy with a doctor’s report.
• Protection from Dismissal: Pregnancy is never a valid reason for termination. Dismissal due to pregnancy is discriminatory and illegal (reinstatement + bad faith compensation applies).
• Night Work Ban: From the medical certification of pregnancy until birth (and for 1 year after), the employee cannot be forced to work night shifts (20:00 - 06:00).
• Lighter Duty: If the doctor deems the current job hazardous, the employer must provide lighter duty without reducing wages. If not possible, the worker may be put on paid leave (though practice varies).
• Check-up Leave: Pregnant workers are entitled to paid leave for periodic medical examinations throughout the pregnancy.

2. Statutory Maternity Leave (16 Weeks)

The standard paid maternity leave is 16 weeks in total.

Standard Split:

• 8 Weeks Before Birth (Prenatal): The worker typically stops working 8 weeks before the expected due date.
• 8 Weeks After Birth (Postnatal): Mandatory rest period.

Multiple Pregnancy (Twins/Triplets):

• An extra 2 weeks is added to the prenatal period.
• Total leave becomes 18 weeks (10 weeks before + 8 weeks after).

3. Transferring Leave (Working Until Birth)

Many mothers prefer to save their leave for after the baby is born.

• Condition: With a doctor’s report certifying “fitness to work.”
• Limit: The worker can work up to 3 weeks before the expected birth date.
• Result: The unused 5 weeks from the prenatal period are added to the postnatal period.
• Total Postnatal: 8 weeks (standard) + 5 weeks (transferred) = 13 weeks with the baby.

4. Early Birth

If the birth happens earlier than expected:

• The worker does not lose her rights.
• Any unused prenatal leave days are automatically added to the postnatal leave period.

5. Maternity Pay (Temporary Incapacity Allowance)

During the 16-week leave:

• The employer is not obliged to pay salary (unless the contract says otherwise).
• The State (SGK) pays Maternity Benefit (Analık Ödeneği).
• Amount: 2/3 of the gross daily wage.
• Condition: Must have at least 90 days of SGK premiums in the last year.

Legal Support: We assist pregnant workers facing discrimination or denial of leave rights. Contact us for immediate legal action.

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