Welcome to Bayraktar Attorneys, where we aim to shed light on the intricacies of the Turkish legal system, especially as it pertains to maternity leave rights. Maternity leave entitlements can often seem daunting, particularly for expectant foreign nationals in Turkey who are navigating the legal landscape. In this guide, we’ll provide a detailed look at the process of doğum izni hesaplama, or calculating maternity leave duration, to help you understand and exercise your rights effectively during this significant life event.
How Long Is Paid Maternity Leave In Turkey?
In Turkey, the standard length of paid maternity leave is 16 weeks. This period is divided into 8 weeks before the birth and 8 weeks after the birth.
If the birth occurs later than expected, the unused pre-birth leave can be added to the post-birth leave.
Maternity Allowance & Breastfeeding Fee in Turkey
In Turkey, there is financial support for new mothers, known as the maternity allowance and the breastfeeding fee. This support is available only to Turkish citizens.
Maternity Allowance
- To get this allowance, the pregnancy must be officially certified before the birth.
- It is available to insured women and the wives of insured men (if the wife does not have her own social security).
Requirements
- The woman must have had at least 90 days of insurance in the year before the birth.
- The husband must have had at least 120 days of insurance in the year before the birth, and they must have been married before the pregnancy.
Breastfeeding Fee
- This is a lump sum given to help with the costs of breastfeeding.
- To receive it, the birth must be officially certified when the baby is three months old.
- The same insurance requirements apply as for the maternity allowance.
To apply for these benefits, you need to go to the local provincial directorates or social security centers with the official birth report.
The Basics of Maternity Leave in Turkey
First things first, let’s outline the basic entitlements. In Turkey, maternity leave is governed by the Labor Law No. 4857, which stipulates that female employees are entitled to a total of 16 weeks of maternity leave – 8 weeks before the expected date of delivery and 8 weeks after. However, in the case of multiple pregnancies, an additional two weeks are granted before delivery, making it 10 weeks pre-birth. Should a doctor’s report indicate a need for an early leave, this can be accommodated without affecting the total duration of the postnatal period.
Extending Your Maternity Leave
After the initial 16-week period, mothers in Turkey have the option to extend maternity leave for an additional half-pay period of up to 6 months. It’s important to note that this extension is a possibility, not a guarantee, as it must be agreed upon by the employer. Once the 6-month period concludes, an unpaid leave of up to 6 months can also be requested, keeping the mother’s position secure. This additional leave can be extended until the child is 3 years old, but without the preservation of the employment position.
Calculation Details for Doğum İzni Hesaplama
The method for calculating your doğum izni hesaplama, or maternity leave duration, starts with pinpointing the expected date of delivery. The 8-week period before this date is reserved for your prenatal leave. You can work closer to the date of delivery if your health permits, but you cannot waive the right to a minimum of 3 weeks leave before the birth. Should you opt to continue working within that 3-week period, you can then add those weeks to your postnatal leave, ensuring you utilize the full 16-week benefit. For self-employed individuals or those running their own businesses, it’s essential to coordinate with the Social Security Institution (SGK) to understand how these rules apply.
Special Considerations
There are special considerations, such as complications in childbirth or health concerns, which can alter maternity leave duration. Additionally, the rights of adoptive or surrogate mothers, as well as paternity leave entitlements, are subjects requiring their own detailed examination. Turkey’s commitment to the health and well-being of both mother and child is reflected in its legal provisions, but personal circumstances and work arrangements can influence the implementation of these rights.
To conclude, navigating maternity leave entitlement in Turkey reflects a commitment to protect the wellbeing of mothers and their newborns. For a comprehensive understanding of your specific situation, including doğum izni hesaplama, it is recommended to consult with a legal expert. At Bayraktar Attorneys, we are dedicated to assisting you through this process, providing support and expertise to ensure your maternity leave is calculated accurately and your rights are fully upheld.
