Part-time Work Allowance for Mothers After Childbirth and the regulation on part-time work during maternity leave have been enacted. These regulations introduce important changes for working mothers. The conditions for the part-time work allowance 2017 were adjusted in 2018 in terms of amounts.
What Are the Rights and Practices of Maternity Leave?
- According to the physician’s report for the female worker, she must not be employed for a total of sixteen weeks: eight weeks before childbirth and eight weeks after childbirth.
- In cases of multiple pregnancy, two additional weeks are added to the eight-week pre-birth non-working period. However, if the doctor certifies that her health permits, a female worker may choose to work up to three weeks before childbirth. In that case, the days worked before the birth are added to the postnatal leave period.
- If the worker gives birth early, the unused pre-birth non-working period is added to the postnatal leave period.
- If the mother dies during or after birth, any unused postnatal leave is transferred to the father.
- If an employee or spouse adopts a child younger than three, one of the adoptive parents is granted eight weeks of maternity leave from the date the child is actually handed over to the family.
- The durations specified for maternity leave may be extended before or after birth depending on the worker’s health and the nature of the work. Any extension must be documented by a doctor’s report.
Right to Unpaid Leave After Maternity Report Ends
- After the end of statutory maternity leave, provided the child is alive, a female worker or an adopting parent with a child under three may request unpaid leave for childcare: 60 days for the first birth, 120 days for the second birth, and 180 days for subsequent births. This unpaid leave equals half of the weekly working time.
- In the case of multiple births, 30 days are added to these periods.
- If the child is born with a disability and this is certified by a doctor’s report, the unpaid leave period is applied as 360 days.
- A female worker on unpaid leave is not entitled to the daily total of one and a half hours of nursing break for breastfeeding a child under one year old.
- At her request, the female worker may be granted unpaid leave of up to six months following the end of maternity leave.
- Unpaid leave is also granted to one of the spouses or the adopting parent when a child under three is adopted.
- The unpaid leave period is not counted when calculating annual paid leave entitlement.
Part-time Work Period and Conditions
- The worker may request part-time work at any time from the end of the maternity leave referred to in Article 5 or the end of any unpaid leave, until the beginning of the month following the date the child reaches compulsory primary school age.
- A part-time request can be made before the unpaid leave period ends; it is not necessary to exhaust the full unpaid leave.
- The part-time work request must be submitted by the worker at least one month before the desired start date. The request should state the intended start date and, if the worker will work on all workdays, the start and end times; if the worker will work on specific days of the week, the preferred workdays should be specified.
- The worker must attach documentation showing whether their spouse is employed.
- The employer must keep the worker’s part-time request in the worker’s personnel file.
If one parent does not work, the employed spouse cannot request part-time work. Exceptions to this requirement include:
- If one parent has an illness requiring continuous care and treatment, documented by a doctor’s report from a full-service hospital or university hospital,
- If custody of the child has been awarded by court to one of the parents and that parent requests part-time work,
- If a child under three is adopted individually, the employment requirement does not apply.
Employer Responsibilities When a Part-time Request Is Made
- A valid part-time work request must be granted by the employer within one month from the date of notification.
- The employer must notify the worker in writing when the request is accepted.
- If the employer fails to respond to the worker’s request within the legal time limit, the request becomes effective on the date specified in the worker’s application or on the first working day following that date.
- If the worker begins performing their duties on the date indicated, the part-time work request does not constitute valid grounds for termination.
In Which Jobs Is Part-time Work Not Permitted?
Part-time work may be restricted in the following types of jobs:
- Work performed in private healthcare institutions under regulations that require full-time roles such as responsible manager, chief physician, laboratory manager, and other tasks classified as healthcare services;
- Industrial work that, by its nature, is carried out continuously in successive shifts;
- Seasonal, campaign, or contract-based work that lasts less than one year by nature;
- Work that, by its nature, is not suitable to be divided across the weekly working days, provided the employer deems part-time work inappropriate for such roles.
Part-time Work Arrangements in Collective Bargaining Agreements
Under the Trade Unions and Collective Bargaining Agreements Law No. 6356, parties to a collective agreement may specify which jobs are eligible for part-time work without being bound by the rules above.
Returning to full-time work:
- A worker who begins part-time work may return to full-time work for the same child but may not benefit from the part-time right again for that child.
- A worker who wishes to return to full-time work must notify the employer in writing at least one month in advance.
- If a worker who moved to part-time work returns to full-time work, the employment contract of the worker who was hired to replace them ends automatically.
- If the worker who took part-time leave resigns, the contract of the replacement worker converts to an indefinite full-time contract from the resignation date provided the replacement worker has given written consent.
Determining Working Hours by Agreement
- The specific daily and weekly time interval for part-time work is determined by the employer, taking into account local customs, the nature of the work performed by the employee, and the employee’s request.
- A part-time worker’s salary and other divisible monetary benefits are paid proportionally to the time worked.
How Is the Part-time Work Allowance Calculated?
The part-time work allowance is calculated as follows. Payments are based on the gross minimum wage. After deducting 3% stamp tax from the gross minimum wage, divide by 30 to determine the daily wage. Multiply the daily wage by 15 to calculate the half-month allowance. For 2018, the gross part-time work allowance was 2,029.50 TL. Where is the part-time work allowance paid from? The part-time work allowance for mothers after childbirth is paid through PTT.
When Is the Part-time Work Allowance Paid?
For workers who perform part-time work and are eligible for the allowance, the employer must first report the worker’s reduced workdays as missing days in the monthly electronic declaration. The daily gross minimum wage is used to calculate the allowance for the number of missing days reported. The allowance becomes available for collection at PTT in the month following the e-declaration submission to the Social Security Institution. For example, an e-declaration for May submitted by the employer in June results in the part-time allowance being payable to the worker in July. No deductions are made from this payment except for stamp tax.
Can the Part-time Work Allowance Be Claimed Retroactively?
Workers who did not submit a timely part-time request to their employer or who do not meet the stated conditions cannot claim the part-time allowance retroactively.