Female employees who give birth are entitled to 1.5 hours of daily breastfeeding leave until their child reaches 18 months. If this 1.5-hour breastfeeding leave is not provided or not used, the woman employee may claim payment for these periods. In such cases the employer must pay the corresponding pay at a 50% increased rate.
Maternity Leave Rights for Female Employees
Under the Labor Law, insured female employees have certain rights before and after childbirth. They are entitled to a total of 15 weeks of maternity leave, consisting of eight weeks before and eight weeks after delivery. In the case of multiple pregnancies, an additional two weeks can be added. If the employee’s health permits and she can continue working, she may work until three weeks before the birth; any unused pre-birth maternity leave can therefore be taken after delivery.
To increase female employment and improve women’s workplace rights, important changes have been introduced in recent years. Under the 2016 amendment, after the end of statutory postnatal maternity leave, women are granted half-day work rights to care for and raise their child: two months for the first child, four months for the second child, and six months in total for the third and subsequent children. During these periods, employees may work up to half of their weekly hours and use leave for the remaining half. Hours during which they are on leave are covered by payments from the Unemployment Insurance Fund so that their monthly income does not fall and they experience no loss of earnings while using this leave. A key point is that for higher-paid employees, pay for the hours actually worked is paid at their regular rate, while the remainder is compensated at the minimum wage. As a result, higher-earning employees who use these postnatal partial-day rights may see a reduction in their overall wages.
Breastfeeding Leave Specifics
As part of maternity rights, female employees are also allowed 1.5 hours per day to breastfeed children under one year of age. This entitlement applies to all newly postpartum insured employees, and the employee determines the specific hours of the leave. The employer cannot unilaterally set the times; the breastfeeding breaks must be scheduled at times convenient for the mother. These breaks cannot be deducted from other rest or meal periods; each working day the employee has 1.5 hours of breastfeeding leave.
The breastfeeding leave generally begins after any used half-day childcare leave; for those who do not use that half-day entitlement, breastfeeding leave starts after maternity leave ends. If an employer refuses to provide breastfeeding leave, an administrative fine is imposed (2,809 Turkish lira as of 2020) and the employee may be entitled to compensation and may request termination of employment.
50% Additional Pay When Breastfeeding Leave Is Not Provided
If the employer does not permit breastfeeding leave, Supreme Court (Yargıtay) decisions require that payment for these periods be calculated with a 50% premium. In practice, the employee may apply to the relevant authorities and demand payment for the daily 1.5-hour breastfeeding period, computed at a 50% higher rate. In addition to paying the owed wages, the employer may face administrative fines and be required to pay severance if the employee leaves because of the violation.
The calculation of periods for those seeking to benefit from breastfeeding leave depends on when the employee resumes work after maternity leave. For example, a woman who returns to work after eight weeks of maternity leave and continues working is eligible for breastfeeding leave for up to ten months. Similarly, a woman who returns after maternity leave and uses two months of half-day childcare leave will also have breastfeeding leave applied for a total of ten months following that period.