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Business Pregnant Women Hayat
Do pregnant women know their rights and benefit sufficiently? When should they be on maternity leave?
Business Mother Association Attorney Melike Bocan Atçeken answered the questions about the rights of working mother candidates.Female employees cannot be employed in heavy labor during their pregnancy and if the doctor considers it necessary, pregnant women should be employed in lighter jobs that are appropriate for their health.
What are the legal rights of pregnant women?
Pregnancy Notice to Workplace
Should a pregnant employee inform her employer that she is pregnant, what are the legal rights of pregnant women?
When pregnant women find out that they have become pregnant, they must tell their employer. In our Labor Law No. 4857, pregnant women employees have certain legal rights.
Female employees cannot be employed in heavy labor during their pregnancy, and if the doctor deems it necessary, the pregnant woman must be employed in lighter jobs that are suitable for the health of the employee. In this case, a discount cannot be made to the employer of the pregnant woman employee.
If it is not technically and technically feasible for a pregnant woman to work in a lighter job, the female employee is entitled to free leave at the request of the female employee during the period required for the protection of the health and safety of the female employee.
This period used by the female employee is not taken into account in the annual paid leave account. More precisely, the employer's insurance premiums will not be paid to the employer during this period, nor will they be paid.
Pregnant Woman and Doctor Examination
What are the conditions for the permission of pregnant female employees to go to the doctor's examination during their pregnancy, is there a reduction in their wages by the employer?
In accordance with our Labor Law, the employer must give permission to the pregnant woman employee for periodic medical examinations. According to the law, these permits do not have a limit and are valid for the duration of the employment of the female employee from the determination of the pregnancy of the female employee by the doctor's report.
The permits used for periodic medical visits during pregnancy are paid leave. As a result of these permits used by the female employee, the employer will not be able to deduct a reduction in his / her salary, and these permits are deemed to have worked in the annual leave calculation.
Illegal Conditions During Pregnancy
What can the female employee do if the employer does not allow the female employee for periodic medical examinations during pregnancy, makes restrictions or makes a reduction in her wage?
The pregnant female employee must be allowed to have periodic medical examinations, which are not subject to the employer's discretion.If these permissions are not granted by the employer, the female employee may complain to the Ministry of Labor and Social Security of the workplace.
It is also important to note that the pregnancy of the female employee is not a valid reason for the employer to terminate the employment contract.
A woman who has been dismissed only because she is pregnant can ask her employer to return her work or claim compensation for malice.
Pregnancy and sick leave
Is there a legal time limit on the doctor's report received from the hospital by a female employee with health problems during pregnancy? Is the employer obliged to pay wages to the female employee during the reporting period?
The employee who receives a doctor's report from the hospital during pregnancy or normal time cannot be forced to work. However, on the other hand, employers are not obliged to pay wages during the periods when the female worker is not working. Because during this period the employment contract is suspended and the employer does not pay the female employee for the periods when the female employee cannot go to work due to the suspension of the employment contract.
So, how can the female employee compensate the loss of wages during the period when she cannot work with the doctor's report?
The female employee has the right to demand the Güvenlik report benefit ücret from the Social Security Institution for the loss of wages suffered during the days when she cannot work with the doctor's report.
While SSI does not pay for reports of two days or less, the first two days will be cut in the reports exceeding two days and payment will be made for the remaining days. Rapor Report benefit tarafından is calculated by the SSI on half of the daily fee for the days spent in hospital and two thirds of the daily fee for days spent in normal rest outside the hospital.
When does a pregnant woman leave maternity leave?
Article 74 of Labor Law No. 4857, entitled Maternity Work and Milk Leave, states that female employees should not be employed for a total of sixteen weeks, eight weeks before birth and eight weeks after birth.
However, if the pregnant woman is feeling well and wants to continue working, she can continue to work at the workplace for up to three weeks before the birth. In this case, the five-week period in which the female employee works according to the doctor's report is added to the eight-week maternity leave period after childbirth.
Can maternity leave be used after childbirth?
If the labor is carried out prematurely by the female employee, the periods of leave that cannot be used before birth are added to the eight-week maternity leave postpartum.
Can the father use the maternity leave periods if the female employee dies?
In case of death of a female employee during or after childbirth, the father shall use the maternity leave periods after which the female employee is entitled.
Can adoptors also benefit from maternity leave?
An eight-week maternity leave is granted to one of the spouses who adopt the child under three years of age or the adoptive child to the family.
How can a female employee compensate her unpaid wage during the period of her maternity leave?
The cost of the woman bush on maternity leave is not paid by the employer. The employer is on maternity leave and there is no obligation to pay wages to the female employee who is not working.
Women employees with SSI are on maternity leave and receive their salaries which are not paid by the employer while they cannot work, under the name of K maternity allowance dan from SSI.
Law No. 5510 on Social Insurance and General Health Insurance, Temporary Disability Allowance Article 18, Article C Bend "In case of insured woman's maternity, at least 90 days in a year before birth, provided that at least 90 days short term insurance premium In case of pregnancy, incapacity allowance (maternity allowance) is paid for each day in which it does not work by adding two weeks to the eight weeks before the birth.
Maternity allowance is paid to the working mother of SGK even if the baby is still born after the birth.
Maternity allowance is determined according to the wages paid by the female employee. SSI receives the average of the last three months' salary received by the female employee and two-thirds of this is paid to the female employee.
Civil servants attached to the Pension Fund shall be paid by their institution during the maternity leave.
Business Mother Association Attorney Melike Bocan Atçeken
You can also watch our live broadcast on ebebek YouTube channel leri Permissions and Rights of Pregnant and Childbirth Employees,, kaç How many days are maternity leave after giving birth? ”You can find answers to questions such as“ How long is the reporting period?::