One of the significant challenges women face in working life is whether their job is protected during pregnancy and maternity leave. Many women fear losing their jobs when they inform their employer about a pregnancy or request maternity leave. Turkish labour law provides various legal protections for female employees during this period. However, practical issues can still arise, so knowing your rights and legal procedures is essential.
As of 2025, we explain in detail whether an employee can be dismissed during pregnancy or maternity leave, when protections apply, the relevant laws, and common practical scenarios.
Is Dismissal Due to Pregnancy Legal?
Under the law, dismissing an employee solely because she is pregnant or because she is on maternity leave is prohibited. According to the Labour Law, pregnancy by itself cannot be a reason for termination. If a woman is dismissed because of her pregnancy or while on maternity leave, that constitutes discrimination and the worker gains legal remedies.
Prohibition of Discrimination and Equal Treatment Principle
- Employers may not discriminate against employees on the basis of sex, pregnancy or childbirth.
- Labour Law Article 5: Pregnancy and childbirth cannot be grounds for dismissal. In case of discrimination, the employee can sue and claim compensation for discrimination.
- Under the equal treatment principle, an employer cannot subject a pregnant employee to worse treatment.
Ban on Dismissal During Maternity Leave
Maternity leave provides female employees with paid leave of 8 weeks before birth and 8 weeks after birth, totaling 16 weeks. This period is extended in cases of multiple pregnancies.
- During maternity leave the employment contract is suspended but remains in effect.
- Legally, an employer cannot dismiss an employee during this leave. If dismissal occurs, the termination is considered invalid and the employee obtains various rights.
- The same protection applies to unpaid leave taken after birth.
Just Cause and Valid Reason for Termination
An employer may dismiss a pregnant employee only for a “just cause” or a “valid reason.” However, pregnancy or maternity leave alone cannot justify termination.
Just Cause (Immediate Termination):
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Immediate termination is possible in serious situations like commission of a grave offense by the employee or conduct that endangers the workplace.
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Pregnancy or childbirth cannot be cited as a just cause.
Valid Reason (Termination with Notice):
- Termination may be possible for reasons such as employee incompetence or financial needs of the business.
- Even here, the reason must not be related to pregnancy or childbirth. Performance issues must be proven with objective evidence; otherwise the dismissal will be considered discriminatory.
Rights of Employees Dismissed During Pregnancy or Maternity Leave
An employee dismissed because of pregnancy or maternity leave has various compensation and legal options:
- Severance Pay: Employees with one year or more of service who are unfairly dismissed are entitled to severance pay.
- Notice Pay: If the dismissed employee was not given the required notice period, they may receive notice compensation.
- Discrimination and Bad-Faith Compensation: Dismissal due to pregnancy is discrimination and the employee can claim compensation for discrimination and bad faith.
- Reinstatement Lawsuit: An employee dismissed without a lawful cause and covered by job security rules can file a reinstatement claim.
- Temporary Incapacity Allowance from Social Security: A woman on maternity leave may continue to receive the temporary incapacity allowance from social security for at least 10 more days after dismissal; payments then stop.
Additional Rights During Pregnancy and Maternity Leave
Other rights during pregnancy and maternity leave can vary with individual circumstances:
- Leave for Health Appointments: Paid leave for routine medical appointments.
- Right to Work in a Lighter Role: With a medical certificate, a pregnant employee can request assignment to lighter duties.
- Nursing Breaks: For the first six months after birth, employees are entitled to at least one hour per day for breastfeeding; in some cases this can be extended up to three hours.
- Part-time Work: Requests for partial or reduced working hours after birth may be submitted.
Dismissal After Maternity Leave Ends
An employer may dismiss an employee after she returns from maternity leave, but the termination must comply with Labour Law requirements. Arbitrary, unfounded dismissals or terminations motivated by pregnancy or childbirth remain invalid.
Important Notes:
- For every dismissal, the employer must clearly state the reason for termination in writing.
- If the employee believes the dismissal is unfair or invalid, she can file a reinstatement lawsuit within one month.
- Even if the stated reason differs, if the true reason is found to be pregnancy or childbirth, the dismissal will be invalid.
What to Do If You Were Dismissed While on Maternity Leave
- Notify the employer by registered notice that the dismissal is incorrect or invalid.
- File a claim in the labour court for reinstatement, severance/notice pay and discrimination compensation.
- Obtaining legal assistance can help protect your rights and prevent loss of remedies.
Frequently Asked Questions and Common Misconceptions
Can a pregnant worker never be dismissed?
No. If there is a just cause—such as gross misconduct or a fight at the workplace—an employer may lawfully terminate employment. But dismissal solely because of pregnancy or maternity leave is not permitted.
Can poor performance be used as an excuse?
Not by itself. Performance-related dismissal must be supported by objective evidence from the employer.
Can duties be changed or can the employee face mobbing after maternity leave?
Mobbing and discriminatory practices are unlawful and the employee is protected by legal remedies.
Table of Basic Rights and Periods
| Right / Period | Description |
|---|---|
| Pre-birth leave | 8 weeks (plus 2 weeks for twin/multiple pregnancies) |
| Post-birth leave | 8 weeks |
| Paid leave | Total 16 weeks before and after birth |
| Nursing breaks | At least 1 hour per day for the first 6 months (up to 3 hours in some cases) |
| Severance/notice pay | Paid in cases of unfair dismissal |
| Discrimination/bad-faith compensation | Paid when termination is due to pregnancy/childbirth |
| Reinstatement lawsuit period | 1 month from notification of dismissal |
| Social security temporary incapacity allowance | May continue for 10 days after dismissal; then stops |
Laws Regulating Dismissals During Pregnancy and Maternity Leave
- Labour Law No. 4857 Article 5 – Principle of equal treatment
- Labour Law No. 4857 Article 18 – Requirement of valid reason for termination
- Labour Law No. 4857 Article 74 – Maternity leave and related rights
- Social Insurance and General Health Insurance Law No. 5510
- Relevant regulations and Supreme Court decisions