ARTICLE
12 January 2017

Part-Time Work After Maternity Leave And Unpaid Leave

BP
Bezen & Partners

Contributor

Bezen & Partners  logo
Bezen & Partners is led in Istanbul by a group of lawyers with previous international experience gained through their employments in magic circle law firms and Turkish Governmental Authorities. With a high calibre team of English law and Turkish law qualified attorneys, that full service independent law firm is now indisputably one of the leading law firms in Turkey and provides legal and advisory services to domestic and international clients.
The Regulation on Part-time Work following Maternity Leave or Unpaid Leave (the "Regulation") was published in the Official Gazette numbered 29882 on 8 November 2016.
Turkey Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.

The Regulation on Part-time Work following Maternity Leave or Unpaid Leave (the "Regulation") was published in the Official Gazette numbered 29882 on 8 November 2016. The Regulation stipulates the terms and conditions for part-time work following the birth or adoption of a child. The Regulation allows both female and male employees to benefit from the part-time work option.

The Turkish labour legislation mandates maternity leave for female employees in the amount of 8 weeks before and 8 weeks after giving birth (16 weeks in total). Part-time work is defined as work equivalent to up to 2/3 of the full-time work in a workplace. The Regulation foresees that an employee may request to work part-time at any time after the end of a maternity leave/unpaid leave period, until his/her child starts elementary school. The unpaid leave previously mentioned refers to the leave to which a female employee is entitled following the end of her maternity leave and the leave a female/male employee is entitled to for the duration of half of his/her weekly working time in case of adopting a child younger than 3 years.

The part-time work request should be notified to the employer in writing 1 month prior to the start of the part-time arrangement. The commencement date of the part-time work, working hours (in case the part-time work will be conducted on each business day) or the preferred working days (in case the part-time work will be conducted on certain days of the week) should be indicated in the notice given to the employer. Further, a document establishing that the spouse of the employee has been working should also be attached to the request, because the Regulation states that an employee cannot request part-time work if his/her spouse does not work, except in the specific circumstances set out in the Regulation (e.g. if one of the spouses has a disease which requires full time treatment).

The employer must implement the part-time work request within 1 month and inform the employee in writing accordingly. In the event that the employer fails to respond in due time, the employee can generally commence working on a part-time basis without waiting for the response of the employer. However, in certain circumstances specified in the Regulation, an employee cannot start to work part-time without the approval of the employer (e.g. industrial work performed in successive shifts, seasonal work performed for a period of less than 1 year, full-time work performed as a responsible manager, responsible doctor or with any other position that may be considered within the scope of health services).

An employee who has transitioned to working on a part-time basis may return to working full-time by informing the employer in writing 1 month beforehand of this change. The employee cannot then exercise again the right to work part-time on the basis of responsibilities for the same child. The salary and benefits of the employee shall be paid in proportion to the time the employee has worked part-time.

Overall, the Regulation aims to create a supportive working environment for employees in line with the recent EU regulations promoting a more flexible approach to employment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More