According to a study by the Ministry of Family and Social Policies, the number of people with disabilities in our country has approached 10 million. The challenges faced by people with disabilities and their caregivers are well known to many official institutions. In response to these challenges, measures have been taken and certain rights have been granted to those who care for people with disabilities. You can find detailed information about the rights of caregivers in the article below.
Rights of Employees with a Disabled Child
- Right to Excused Leave: Employees who have a disabled child—regardless of being male or female—are entitled to certain rights. The first of these is excused leave, defined in Labor Law No. 4857. To qualify for excused leave, the employee’s child must have at least a 70% disability rate. Proof of this is provided by a health board report issued by authorized physicians and submitted to the employer. Excused leave can be granted for up to 10 days within a year. In addition, the employer cannot deduct pay for the days the employee is absent while using excused leave.
- Right to Early Retirement: The right to early retirement is regulated under Social Insurance and General Health Insurance Law No. 5510. This right applies to mothers who have a disabled child. Under the applicable rule, for a working mother with a disabled child, one quarter of the premium payment days paid up to the current year are added to the total premium payment days. Since this increases the total days of premium payments, a mother with a disabled child may become eligible for early retirement.
Rights of Civil Servants Caring for a Disabled Relative
Because the terms “worker” and “civil servant” imply different employment conditions and legal frameworks, the rights available to workers and civil servants caring for disabled relatives differ. Civil servants employed by public institutions generally benefit from a broader set of rights. The main rights provided to public servants who care for a disabled relative are outlined below.
- Hourly Leave Right: Civil servants are governed by the Civil Servants Law No. 657, not by Labor Law No. 4857. One right afforded to civil servants under this law is hourly leave. Civil servants are entitled to 1.5 hours of leave per day; they may choose when during the day to use this allowance. Additionally, civil servants with a disabled relative should not be required to work extra hours outside official working hours because of that status.
- Right to Transfer (Tayin): Another right under Law No. 657 is the right to be transferred when needed so the civil servant can support a disabled relative. If the relative requires special education or rehabilitation that is not available where the civil servant is posted, the civil servant may request reassignment to a location where such services are available. If there is a vacant civil servant position in that location and the role suits the employee, the authority may approve a transfer upon the civil servant’s request.
- Exemption from Night Shifts and On-Call Duty: Civil servants who care for a disabled relative are generally exempted from night on-call duties and night shifts under Law No. 657. As with hourly leave, they should not be required to work outside regular working hours. If a civil servant voluntarily requests overtime or after-hours work, it may be allowed with a written application, but absent such a voluntary request, the civil servant should not be scheduled for work outside normal hours or assigned night duties.
- Accompaniment Leave (Refakat İzni): Another entitlement for civil servants caring for disabled relatives is accompaniment leave. If a civil servant’s presence is necessary to prevent a life-threatening situation for their disabled relative, the civil servant may be granted accompaniment leave. The disabled person does not have to be the civil servant’s child; a parent, spouse, child, or sibling who is disabled can qualify as a relative under Law No. 657. When the disability is confirmed by an authorized physician’s health board report, the civil servant may receive up to three months of accompaniment leave. If, at the end of this three-month period, the relative still requires the civil servant’s presence to avoid life-threatening risk, an additional three-month accompaniment leave may be granted.