Labour Act, Act No. 4857 of 22 May 2003. Resmi Gazete, 2003-06-10, No. 25134, pp. 1-32, as amended up to Act No. 5763, of 26 May 2007 (online version available as of 22 May 2003)
Labour Act, Act No. 4857 of 22 May 2003. Resmi Gazete, 2003-06-10, No. 25134, pp. 1-32, as amended up to Act No. 5763, of 26 May 2007 (online version available as of 22 May 2003)
Historical data (year indicates year of data collection)
2009: 16 weeks
2004: Sixteen weeks
1998: Twelve weeks
1994: Twelve weeks
General total duration
16 weeks
Labour Act §74
Historical data (year indicates year of data collection)
2009: 16 weeks
2004: Sixteen weeks
1998: Twelve weeks
1994: Twelve weeks
Leave in case of illness or complications
In case of multiple pregnancy, an extra two week period shall be added to the eight weeks before confinement during which female employees must not work.
Maternity leave may be increased before and after confinement if deemed necessary in view of the female employee’s health and the nature of her work. The increased time increments shall be indicated in the physician’s report.
Labour Act §74
RELATED TYPES OF LEAVE
RELATED TYPES OF LEAVE
Parental leave
If the female employee so wishes, she shall be granted an unpaid leave of up to six months after the expiry of the sixteen weeks, or in the case multiple pregnancy, after the expiry of the eighteen weeks indicated above. This period shall not be considered in determining the employee’s one year of service for entitlement to annual leave with pay.
Labour Act §74
Paternity leave
Paternity leave is not provided for.
CASH BENEFITS
CASH BENEFITS
Maternity leave benefits
Maternity leave benefits
Scope
Cash maternity benefits are pro¬vided only to an insured woman.
Social Security Programs Throughout the World: Asia and the Pacific, 2010, Turkey
Qualifying conditions
Insured women must have at least 120 days of contributions.
Social Security Programs Throughout the World: Asia and the Pacific, 2010, Turkey
Duration
16 weeks.
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Duration
16 weeks.
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Amount
66,6 per cent.
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Historical data (year indicates year of data collection)
2009: 66,6 per cent.
2004: Two-thirds for twelve weeks
1998: Two-thirds
1994: Two-thirds
Amount
66,6 per cent.
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Historical data (year indicates year of data collection)
2009: 66,6 per cent.
2004: Two-thirds for twelve weeks
1998: Two-thirds
1994: Two-thirds
Financing of benefits
Social Security
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Historical data (year indicates year of data collection)
2009: Social Security
2004: Social security
1998: Social security
1994: Social security
Financing of benefits
Social Security
Turkey-ISSA report-Social Security Programs Throughout the World 2008
Historical data (year indicates year of data collection)
2009: Social Security
2004: Social security
1998: Social security
1994: Social security
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
In cases in which medical services for pregnancy and childbirth cannot be provided directly through health facili¬ties under contract to the Social Security Institution or in a government hospital, a lump sum is paid according to a schedule in law. The lump sum is increased for multiple births.
Social Security Programs Throughout the World: Asia and the Pacific, 2010, Turkey
HEALTH PROTECTION
HEALTH PROTECTION
Time off for medical examinations: The female employee shall be granted leave with pay for periodic examinations during her pregnancy.
Remuneration of nursing breaks: The length of the nursing leave shall be treated as part of the daily working time.
Right to nursing breaks or daily reduction of hours of work: Female employees shall be allowed a total of one and a half hour nursing leave in order to enable them to feed their children below the age of one. The employee shall decide herself at what times and in how many instalments she will use this leave. The length of the nursing leave shall be treated as part of the daily working time.
Transfer to another post: If deemed necessary in the physician’s report, the pregnant employee may be assigned to lighter duties. In this case no reduction shall be made in her wage.
Paid/unpaid leave: Maternity leave may be increased before and after confinement if deemed necessary in view of the female employee’s health and the nature of her work.
§74, 40(d)
Arrangement of working time
A regulation to be prepared by the Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, shall specify during which periods and in what types of jobs the employment of pregnant and nursing women is to be prohibited, what conditions and procedures they shall abide by while working on jobs in which they may be employed as well as how the nursing rooms and child care centers are to be established.
Labour Act §88
Dangerous or unhealthy work
A regulation to be prepared by the Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, shall specify during which periods and in what types of jobs the employment of pregnant and nursing women is to be prohibited, what conditions and procedures they shall abide by while working on jobs in which they may be employed as well as how the nursing rooms and child care centers are to be established.
Labour Act §88
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
Except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination, either directly or indirectly, against an employee in the conclusion, conditions, execution and termination of his (her) employment contract due to the employee’s sex or maternity.
Labour Act §5
Protection from discriminatory dismissal
The following shall not constitute a valid reason for termination: race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; absence from work during maternity leave when female workers must not be engaged in work
Labour Act §18(d), 18(e)
Burden of proof
The burden of proving that the termination was based on a valid reason shall rest on the employer. However, the burden of proof shall be on the employee if he claims that the termination was based on a reason different from the one presented by the employer.
Labour Act §5, 20
Guaranteed right to return to work
The right to return to work is not guaranteed.
Results generated on: 20th April 2024 at 03:59:05.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
