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Er Sigorta Financial and Administrative Affairs Specialist Hatice Tokgöz Postpartum leave, milk leave, free leave after birth, such as the mother is very curious by the questions of the mother continues to share with you the answers.
: 1. Will salary payments continue while the mother is on maternity leave? If yes, is the payment paid by the employer or by the social security institution?
Hatice Tokgöz: According to the Labor Law, there is no obligation to pay the employee during the maternity leave. The fee for this period is collected from SSK at the end of the maternity leave period. However, you can continue to pay regularly during this time so that you do not become a victim of your workplace, and you can then pay the SSK to your workplace if you receive the birth allowance. In fact, many workplace employees can leave this fee to SSK as a gift. Of course, such situations are not entirely obligatory but are entirely dependent on the employer's initiative. If you will receive your payment from the Provincial Insurance Directorate, you must prepare the following documents;
a- Visit paper with the date of prenatal rest. From this date, the number of 120 premium payment days in the last year and the earnings subject to premium must be written individually.
b- Visit paper with the date of postnatal rest. From this date, the number of 120 premium payment days in the last year and the earnings subject to premium must be written individually.
c- Visit paper for the 57th day after birth. From this date, the number of 120 premium payment days in the last year and the earnings subject to premium must be written individually.
D- The original birth certificate.
to- Money paper for prenatal and postnatal rest. This is the document you were given when you were on maternity leave.
f- Copy of marriage certificate.
g- Payroll photocopy for the last 4 months.
: Can I get birth assistance other than salary payment?
Hatice Tokgöz: The benefits to be received under Maternity Insurance are as follows;
A) Pregnancy examination is performed and necessary health care is provided.
B) Necessary health benefits are provided at birth:
Birth Benefit means the uninsured wife of the insured woman or the insured man; the provision of medicines and health supplies with the necessary medical assistance during or after childbirth.
In cases where the birth assistance cannot be provided exactly in the health facilities notified in the contract or protocol signed by the Authority or pursuant to Article 123, instead of this aid, the Institution shall provide fixed money aid according to the tariff to be approved by the Ministry of Labor and Social Security.
If more than one child is born, the fixed birth allowance for each child is increased by one fold compared to the number of children.
To get birth benefit; delivery must be notified to the Authority within 3 months.
Declaring this; birth certificate to be taken from the doctor or midwife, or certified copy of the sample.
C) Breastfeeding benefit is paid.
Breastfeeding aid; It is called after-birth money to feed the born child because of the uninsured wife of the insured woman or insured man or the uninsured wife of the woman or man who receives income from the Institution due to her own work or receives monthly salaries. This assistance is provided if the child is born alive. If more than one child is born, the benefit is increased by one fold compared to the number of children.
D) The insured woman shall be paid for the days before and after her birth.
In case of insemination of the insured woman whose maternity insurance premium has been paid for at least 120 days in a year before the birth, in the eight weeks before and after the birth, in case of multiple pregnancy, two weeks for the eight weeks before the birth, temporary temporary incapacity for each day allowance is granted. In case of working until three weeks before the delivery with the request of the female insured and the approval of the doctor, the working periods are added to the postpartum periods of the female insured.
: Do the father and the father also have social rights?
Hatice Tokgöz: As it is known, insured persons who give birth have paid maternity leave for a total of 16 weeks, eight weeks before birth and eight weeks after birth. However, within the scope of legal regulations, there is no right of maternity leave to be given to the insured due to the birth of their spouse. In such a case, it will be at the employer's discretion whether it is allowed or not.
: How long is the milk permit? How does the mother have to use this time?
Hatice Tokgöz: A 'milk leave' is given for one and a half hours per day during the period that begins with birth and lasts until one year of age. These are counted as daily working hours and cannot be deducted from the wages. When we look at the common applications of milk permits in the workplaces, it is more appropriate to combine these periods on a weekly basis and to complete them for a day in order to be able to apply them. This allows you to use paid leave once a week. In order not to leave the workplace in a difficult situation, this milk leave day must be determined and reported to the workplace. Especially in workplaces with hourly wages, it is important to report these periods in terms of payroll calculations. For mothers who live close to their workplaces and do not use the service, it is more appropriate to use the milk leave at close and exit hours.
: Does the employer have the right not to give birth or milk leave?
Hatice Tokgöz: The Labor Law also allowed the female worker to use the milk leave for one and a half hours per day until her child reaches the age of one after birth.
The number of hours and hours of daily leave for one and a half hours depends on the preference of the female worker. There is no intervention by the employer. The female worker is obliged to determine and inform the employer how he / she will use the one and a half hour daily milk leave to be used for one year. The employer must use the milk permit as specified by the female worker.
: Can free leave be used outside the legal period? If yes, how long?
Hatice Tokgöz: The person can get free leave for up to six months following the maternity leave.
: Does the employer have the right to disallow unpaid leave and dismissal?
Hatice Tokgöz: The statutory regulation states that “ücretsiz free of charge for up to six months… kesin. It was not said that it could be given to the employer's discretion. The female worker will be able to use unpaid leave for up to 6 months (including 6 months) after childbirth.
The female worker must notify the employer in writing that he / she wants to use this permit.
ARTICLE 74. - It is essential that women workers are not employed for a total period of sixteen weeks, eight weeks before birth and eight weeks after birth.
ARTICLE 25. - The employer may terminate the employment contract before the end of the term or without waiting for the notification period in the following cases, whether or not the term is specified:
(a) the right of the employee to terminate the employment contract without notice for the employer in cases of illness, accident, birth and pregnancy, except for the reasons listed in sub-paragraph; it arises after the six-week period exceeding the notification periods in article 17 according to the working period of the worker in the workplace. In cases of birth and pregnancy, this period begins at the end of the period in Article 74. However, the employee does not pay for the periods that he cannot go to work due to the suspension of the employment contract.
Article 74 is mandatory. Obligation to use maternity leave.