The Regulation on Part-Time Work Following Maternity Leave or Unpaid Leave, published in the Official Gazette on 08.11.2016 by the Ministry of Labour and Social Security, complements Article 13 of Labor Law No. 4857, which regulates part-time work conditions. This regulation defines jobs and working conditions for part-time work after birth and adoption, and expands on the "maternity leave" principles set out in the Social Insurance and General Health Insurance Law No. 5510.

Maternity Leave

Female employees are entitled to a total of sixteen weeks of maternity leave, consisting of eight weeks before and eight weeks after childbirth. In the case of multiple pregnancies, an additional two weeks is added to the pre-birth leave period.

However, the following special conditions also apply:

1. If the employee's health permits and with the approval of her doctor, she may work up to three weeks before the birth. Any pre-birth leave days not used because she chose to work are added to the post-birth leave period.
2. If the employee gives birth prematurely, the unused pre-birth leave days are added to the post-birth leave period.
3. If the mother dies during or after childbirth, the unused portion of the leave may be used by the father.
4. In cases of adoption of a child under three years of age, one of the adoptive parents is granted eight weeks of maternity leave from the date the child is actually taken into the family.

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Unpaid Leave

Under the regulation, the primary innovation concerns unpaid leave:

A. Unpaid Leave Equal to Half of Weekly Working Hours

After maternity leave ends, female employees and adoptive parents of children under three may request unpaid leave equal to half of their weekly working hours for the purpose of caring for and raising the child. The duration of this leave depends on the birth number:

• 60 days for the first birth,
• 120 days for the second birth,
• 180 days for subsequent births.

In cases of multiple births, 30 additional days are added. If the child is born disabled (documented by a medical report), this period is extended to 360 days.

Note: Breastfeeding breaks (1.5 hours per day) do not apply during this unpaid leave period.

B. Unpaid Leave up to Six Months

Female employees and adoptive parents may also request up to six months of unpaid leave after maternity leave ends, provided the child is alive and under three years old.

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Right to Part-Time Work

Employees may request part-time work starting from the end of maternity leave or unpaid leave until the first day of the month following the start of the child's compulsory primary school.

A part-time work request must be submitted in writing at least one month in advance, and the employer must respond in writing within one month of receiving it. If the employer does not respond, the request becomes valid on the requested date or the next business day.

Part-time work may be initiated even if the unpaid leave has not been fully used.

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Summary

Under Turkish Labor Law No. 4857, employees are afforded a structured combination of maternity leave, unpaid leave, and part-time work options to support birth, adoption, and child-care responsibilities. The rules balance protection of family life with employees' rights to return to work, while providing flexibility for part-time work arrangements following maternity and unpaid leave.