Women who are pregnant and giving birth have certain rights due to their special situation. Pregnancy and the period after childbirth are very important for the physical and mental health of the woman and the baby. During this period, there are certain rights that are fixed by law. Many developed countries are expanding the scope of these rights day by day. In our country, there are some rights that increase the welfare level of women during this special period.
Pregnant Worker Rights
It is important to know the rights of pregnant working women, which are guaranteed by law , and to demand them from the employer. It is quite natural for a woman to demand her rights during pregnancy and childbirth.
According to the Labor Law, the rights of pregnant working women can be listed as follows:
- Pursuant to Article 74 of Labor Law No. 4857, it is essential that female workers are not employed for a total period of 16 weeks, 8 before and 8 after childbirth. This period is considered as paid leave. In case of premature birth, the leave that cannot be used before the birth is used after the birth.
- In addition, upon the request of the female employee, the employer must grant up to 6 months of unpaid leave after the completion of 16 weeks of legal maternity leave.
- The employer has no right to object to the specified periods.
- There is no requirement to work for a certain period of time to benefit from these rights.
- In multiple pregnancies, regardless of twins or triplets, 2 more weeks are added to the 8-week period after birth, making a total of 18 weeks of paid leave.
- Pregnant women cannot work more than seven and a half hours a day and at night.
- The wage of the woman who starts to work in lighter jobs for her health cannot be deducted.
Notification of Pregnancy to the Workplace
Women must notify the employer in order to use their pregnancy leave. They can start using this right by notifying the workplace of the doctor’s report prepared from the day the pregnancy is learned.
Can an Insured Female Worker’s Maternity Leave be Extended?
During pregnancy, with the permission of her doctor, women can use 5 weeks of the 8 weeks of leave she has for prenatal leave after the birth. However, the remaining 3 weeks of leave must be taken before the birth. For this, the woman must get a report.
Milk Permit
For insured women with a baby under 1 year of age, milk leave is 1.5 hours per day. This leave can be used by leaving work early or arriving late. However, this is entirely up to the woman’s preference.
Breast milk is important for the healthy development of the baby. A woman needs to breastfeed her baby while she is working. Therefore , it is important for the working mother to have information such as tips for expressing milk. In addition, the storage conditions of breast milk, which is very precious for your baby, are also important. With breast milk storage bags, it is possible to feed your baby with healthy and fresh breast milk.
Dismissal of a Pregnant Woman
It is important for women to know some of the rights they have if they face dismissal due to pregnancy.
Rights in case of dismissal due to pregnancy:
- Severance pay,
- Notice pay
- Right to reinstatement,
- Rights such as compensation for breach of the principle of equal treatment of workers .
If the only reason for the dismissal is that the person is pregnant and there is sufficient evidence of this, the employer may also be entitled to bad faith compensation.
On the other hand, if the pregnant person is insured when the maternity leave starts and at least 90 days of premiums have been paid in the 1-year period before the birth and the birth has taken place without working in a different workplace during this period, they are also entitled to a temporary incapacity premium. This amount is paid to them by the SSI.