Do Mothers Who Give Birth During a Pandemic Qualify for Paid Leave?

As the coronavirus pandemic continues, the employment status of working mothers who give birth during this period has become a topic of concern. If the employer continues business operations, a woman who has given birth cannot be placed on unpaid leave; instead, she may be eligible for the right to work part-time.

Right to Part-Time Work for Mothers Who Gave Birth

The working conditions for mothers who have given birth are defined by law. According to regulations, women who give birth have a right to work part-time for periods ranging from 2 to 6 months, depending on the number and circumstances of their children. During this part-time working period, eligible women can receive a part-time work allowance from the unemployment insurance fund. This arrangement prevents a reduction in their overall pay: half of the salary is paid by the employer and the other half is covered by unemployment insurance.

Civil servants and employed women who have given birth or who have adopted children under the age of 3 are granted the right to part-time work. The part-time working period begins after the completion of the total 16-week maternity leave that covers prenatal and postnatal leave. Under this scheme, for the first child a mother may receive 2 months of part-time work, for the second child 4 months, and for the third and subsequent children 6 months. In the case of multiple births, an additional 30 days can be added to these periods. If the child is born with a disability, the part-time working right is applied for a full 360 days.

These benefits are financed by the Turkish Employment Agency (İŞKUR) from the unemployment insurance fund. Since the law came into effect, many working mothers have benefited from this allowance. Accordingly, during the pandemic women who give birth should not be placed on unpaid leave but should instead be covered under part-time work arrangements.

Conditions to Receive the Part-Time Work Allowance

There are specific eligibility requirements to receive the part-time work allowance. Women who have not had at least 600 days of unemployment insurance premiums reported in the last three years prior to the birth or adoption date are not eligible for the allowance. In addition, beneficiaries must work at the workplace for half of their regular weekly working hours. Applications for the allowance must be submitted to the nearest İŞKUR center within 30 days following the end of the maternity leave period; filing after this 30-day window will result in loss of entitlement for the delayed days, except in cases of unavoidable circumstances. Timely application is therefore important. For example, a mother who is entitled to 60 days of part-time work for her first child who delays applying beyond the 30-day limit will have each day of delay deducted from her total entitlement.

Daily Amount Based on Gross Minimum Wage

The daily amount of the part-time work allowance is calculated based on the gross daily minimum wage, regardless of the beneficiary’s actual salary at their job. Therefore, even women with higher wages receive the allowance calculated at the minimum wage rate. Besides stamp tax, no other taxes or deductions are applied to the part-time work allowance.

Payment periods vary by birth order: women who worked part-time for 2 months after their first birth can receive allowance for 30 days; those who worked part-time for 4 months after their second birth can receive allowance for 60 days; and those who worked part-time for 6 months after subsequent births can receive allowance for 90 days. For female civil servants, salaries continue to be paid in full while they benefit from the allowance; however, payments tied to actual performed work—such as extra lesson pay, overtime, or revolving fund shares—may be reduced.

Social security premiums continue to be paid during the allowance period, which is an important advantage for future retirement. These premiums are paid based on the minimum wage at a rate of 32.5%.