Dismissal during pregnancy is explicitly addressed by Article 18 of the Labor Law: pregnancy itself does not constitute a valid reason for terminating an employment contract. Article 5 of the same law also specifies that there shall be no gender discrimination and that physical or biological characteristics, or conditions that do not affect the nature of the job, cannot justify different treatment of a worker due to pregnancy unless strictly necessary. If these legal protections are violated, the affected woman can claim her compensation and other rights. Can a pregnant woman be dismissed? is one of the most frequently asked questions by working women.
Dismissal during pregnancy is hoped to be a rare occurrence under current laws. However, women dismissed while pregnant who are covered by job security provisions have the right to file lawsuits to be reinstated. Women not covered by job-security rules may be entitled to claim compensation up to twice the statutory amount when dismissal is an abuse of the employer’s termination right. Another option may be to pursue damages for discrimination.
What to Do If a Pregnant Woman Is Dismissed
A pregnant or postpartum woman who is dismissed is entitled to certain legal protections. Employers often invoke performance issues to justify termination of pregnant or recently given-birth employees, but such claims do not automatically validate dismissal. Employers frequently cannot substantiate claims of reduced productivity or psychological stress. Leave related to pregnancy and childbirth is a legal right of the employee, not a favor granted by the employer, and therefore cannot be used as grounds to terminate employment. Dismissal due to pregnancy generally constitutes an invalid termination.
Women whose employment is terminated must apply to labor courts within 30 days from the date of termination. If necessary, they should file suits requesting reinstatement. The employer is required to prove a valid reason for termination. The employer must demonstrate that the dismissal was not due to pregnancy or childbirth and provide evidence for other reasons. If the employer fails to present convincing proof to the court, the court will order compensation of at least four months’ salary for the employee. The court may also require the employer to reinstate the employee within one month together with the compensation. Employers who do not comply with this order may be required to pay additional compensation equal to between four and eight months’ salary on top of the four months’ minimum.
If the dismissed employee is not eligible for reinstatement under the applicable rules, she may be entitled to a bad-faith compensation equal to three times the notice period. Compensation related to dismissal during pregnancy is intended to address misuse of termination rights. Under the principle of equal treatment, an employer who violates this rule may be required to pay up to four months’ wages in compensation for depriving the employee of her rights. Case law from 2017 includes examples of similar court decisions regarding compensation for dismissals related to pregnancy.
Dismissal Due to Pregnancy and Unemployment Benefits
Women who voluntarily leave their jobs because of pregnancy are not entitled to unemployment benefits. Unemployment pay is granted when the employment contract is terminated by the employer without the employee’s consent. To receive unemployment benefits after leaving work due to pregnancy, the employer must have terminated the employee’s contract. The law sets specific conditions for eligibility for unemployment benefits. These conditions include:
- Under Article 17, the employment contract must have been terminated by the employer,
- Under Article 24, the employee must have left for a justified reason recognized by the law,
- Termination by the employer of an employee who is unable to work for more than one week due to health issues,
- Employees who become unemployed due to business sale, closure, or bankruptcy qualify to apply for unemployment benefits.
Outside of these conditions, applications for unemployment benefits after resignation are not accepted.
Can a Woman Receive Severance Pay if She Leaves because of Pregnancy?
Women who leave their jobs due to pregnancy or childbirth are generally not entitled to severance pay. Eligibility for severance pay requires specific criteria, the primary one being that the employer terminates the employment contract. When a woman leaves by her own choice due to pregnancy or childbirth, her resignation is treated as voluntary and she is not eligible for severance pay. Severance pay is typically available in cases such as military service, retirement, or termination related to the employee’s marriage in certain circumstances.
How Long Are Pregnancy and Maternity Leaves?
Under social security regulations, employed female civil servants are granted 16 weeks of maternity leave, consisting of eight weeks before and eight weeks after delivery. Working women should plan their leave carefully and request it in accordance with the rules. Maternity leave calculations are generally based on a 40-week pregnancy period.
Women who are not required to work for a total of 16 weeks are normally entitled to begin leave starting from the 32nd week in single pregnancies. In some cases, with a doctor’s report, women may work up to the 37th week with an additional five-week arrangement if the doctor states there is no risk to continuing work during pregnancy. In such cases, employees may continue to work until the final three weeks before childbirth. The law also allows time off for prenatal doctor visits, and when necessary and with a medical report, women may perform lighter duties according to their health status.
When the total 16-week period is completed, employees may be eligible for up to six months of unpaid social security maternity leave after an 18-week period in certain circumstances. This extended leave does not count toward annual leave entitlement and does not affect the calculation of yearly paid leave.
Nursing mothers are entitled to daily breastfeeding breaks totaling 1.5 hours per day until the child is one year old. The timing of this break is arranged according to the employee’s preference, and the time used for breastfeeding leave is considered as working time.
For women expecting multiple births, the statutory prenatal period provided by the social security institution is extended from eight weeks to ten weeks. If an employee starts maternity leave later with a doctor’s report, the remaining leave entitlement is added to the subsequent leave period.