Working Mothers' Rights: Breastfeeding, Unpaid Leave, and...

Life After Maternity Leave

Once the 16-week statutory maternity leave ends, working mothers in Turkey have several legal options to balance work and childcare. These rights are mandatory—the employer cannot deny them.

1. Breastfeeding Leave (Milk Leave)

Duration: Until the child turns 1 year old. Amount: 1.5 hours per day. Rules:

• Paid Time: Counts as working time. No deduction from salary.
• Worker’s Choice: The mother decides when to use it (start late, leave early, or midday break).
• Combining: Strictly speaking, the law envisions daily use. However, the Supreme Court allows bulk use (e.g., taking Fridays off) if the employer agrees. Without agreement, it must be daily.

2. Unpaid Leave (6 Months)

If the mother wishes to spend more time with the baby:

• Right: Can request up to 6 months of Unpaid Leave.
• Obligation: The employer must grant this request. It is not optional for them.
• Status: Employment contract is “suspended.” No salary, no SGK premiums, but job is preserved.
• Spouse: This right is granted to one of the parents (usually the mother uses it).

3. Half-Time Work (Partial Work Allowance)

Instead of unpaid leave, mothers can work half-time and get paid for it.

• Duration:
  • First birth: 60 days
  • Second birth: 120 days
  • Third birth: 180 days
• Mechanism:
  • Worker works half-time (22.5 hours/week).
  • Employer pays half salary + half SGK.
  • Ä°ÅžKUR pays “Half-Time Work Allowance” for the other half (amount is indexed to minimum wage).
• Non-Negotiable: Employer cannot refuse this request.

4. Part-Time Work Until School Age

After the 16 weeks + Half-Time period ends, parents can request to switch to Part-Time Work until the child starts primary school (approx. age 6).

• Condition: Both parents must be working (usually).
• Employer’s Consent: For this specific long-term request, the rules vary by sector. In some cases, employer approval may be required or limited by “business necessity” (unlike the absolute rights above).
• Salary: Pro-rated to hours worked (no Ä°ÅžKUR top-up).

5. Protection Against Dismissal

Dismissing a worker because she requested milk leave or part-time work constitutes Bad Faith Termination.

• Consequence: Reinstatement lawsuit + Compensation.
• Night Work: Mothers cannot be forced to work night shifts for 1 year after birth.

Frequently Asked Questions

Q: Can I combine milk leave into one month of vacation? A: Only if the employer explicitly agrees in writing. The courts have ruled this is possible by mutual consent, but you cannot force it.

Q: Does milk leave expire? A: Yes, it expires on the child’s 1st birthday. Unused hours cannot be cashed out.

Legal Support: We advise working mothers on their rights and assist in drafting formal request petitions to employers. Contact us if your rights are blocked.

Professional Legal Support

Contact us for professional legal assistance on this matter.

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.