KÜHEYLAN HUKUK
Maternity Leave Increased to 24 Weeks: Maternity, Paternity and Nursing Leave in 2026, and the Rights of Pregnant Workers, Labor Law No. 4857, Amended by Law No. 7578. 74 ve Ek m. Maternity Leave, Allowance and Job Security According to Law No. 2 and 5510 (2026) was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Law No. 7578 was published in the Official Gazette dated May 1, 2026, increasing the maternity leave of female workers from 16 weeks to 24 weeks in total; It is used 8 weeks before birth and 16 weeks after birth. The paid leave of a worker whose spouse gives birth has increased from 5 days to 10 days. During the leave, income is paid by SSI as temporary disability allowance in case of maternity. Pregnancy and birth are not considered valid grounds for termination within the scope of job security. Breastfeeding leave, part-time work and unpaid leave rights of up to six months can also be used.
With the Law No. 7578 on Amendments to the Social Services Law and Certain Laws published in the Official Gazette dated May 1, 2026, the maternity leave of female workers was increased from 16 weeks to 24 weeks in total, and the paid leave of workers whose spouses gave birth was increased from 5 days to 10 days. The increase in searches for "maternity leave how many weeks", "maternity leave 2026" and "maternity leave Official Gazette" shows that this change directly concerns a wide range of people.
This guide explains the content of the change, the worker's income during leave, and job security during pregnancy and birth, through the current legislation text.
Period during which you can work with doctor's approval Up to 3 weeks before birth Up to 2 weeks before birth
Prenatal work: Workers who are in good health can work up to two weeks before birth with the approval of a doctor; In this case, the periods worked are added to the postnatal leave.
Premature birth: Periods that cannot be used before birth are added to postpartum leave.
Death of the mother: In case of the death of the mother during or after birth, the unused periods are given to the father.
Adoption: One of the spouses who adopts a child under the age of three is given eight weeks of maternity leave starting from the date the child is actually delivered to the family.
Foster family: With Law No. 7578, a worker with a foster family is entitled to ten days of unpaid leave upon request after the delivery of the child.
Transitional provision: The application period for the additional eight weeks of leave foreseen for workers who gave birth before the effective date of the law has been kept short and this period has ended.
Breastfeeding leave: A female worker who breastfeeds her child under the age of one is given a total of one and a half hours of breastfeeding leave per day. The worker determines which hours it will be used and how divided it will be; This time is counted as working time.
Part-time work: Starting from the end of postpartum maternity leave, upon request, unpaid leave is given for 60 days for the first birth, 120 days for the second birth, and 180 days for subsequent births, as well as half of the weekly working period; In case of multiple birth, 30 days are added to these periods. If the child is born with a disability, the period is 360 days. During this period, breastfeeding leave is not applied and half-time allowance is paid to the worker who meets the conditions within the scope of Law No. 4447.
Unpaid leave for up to six months: A female worker who wishes is given unpaid leave for up to six months after the completion of the 24-week period (26 weeks in case of multiple pregnancy). This period is not taken into account when calculating annual leave.
Part-time work: One of the parents may request part-time work until the child reaches the age of compulsory primary education (Labour Law article 13).
During maternity leave, the wage is paid not by the employer, but by SSI to the worker who meets the conditions, as temporary incapacity benefit in case of maternity. With Law No. 7578, the relevant provisions of Law No. 5510 were also amended and the allowance period was increased to 24 weeks for single pregnancy and 26 weeks for multiple pregnancy. In order to benefit from the allowance, as a rule, at least 90 days of short-term insurance premium must have been declared within the year before the birth, and the allowance is paid only for the days not worked. In addition, postpartum breastfeeding allowance is given to insured people who meet the conditions.
Invalid termination reason: Pursuant to Article 18 of the Labor Law, absence from work during pregnancy, maternity and maternity leave does not constitute a valid reason for termination. In this case, the employee covered by job security can file a reinstatement lawsuit.
Discrimination compensation: Differential treatment due to gender or pregnancy is prohibited (Labor Law article 5). In case of violation, the worker may request compensation equal to up to four months' wages and the rights he/she has been deprived of.
Employment in light work: If it is deemed necessary with a doctor's report, the pregnant worker is employed in lighter work that is suitable for her health and therefore her wage cannot be reduced.
Periodic checks: Paid leave is given for check-ups during pregnancy.
Separation after birth: A female worker who voluntarily leaves after giving birth is not entitled to severance pay based solely on this reason. The law grants this right to separation within one year from the date of marriage; Compensation for separation due to birth is only available if there is another justifiable reason for termination.
Event Summary: Ms. Nazlı, who works in an accounting firm, gave birth on May 20, 2026. Her employer stated that the post-natal leave was eight weeks and asked her to return to work in mid-July. Legal Evaluation: Since the birth took place after May 1, 2026, when Law No. 7578 came into force, Ms. Nazlı has the right to 16 weeks of leave after birth. The employer's request is unlawful; Failure to come to work during this period cannot be considered as absence and cannot be considered as a reason for termination. At the end of 16 weeks, he/she can also use part-time work or unpaid leave rights of up to six months.
Case Summary: Ms. Merve, who has been working for two years in a retail company employing forty workers, was dismissed on the grounds of "poor performance" three weeks after announcing her pregnancy. There are no previous warnings or performance evaluations in the file. Legal Evaluation: Pregnancy is not a valid reason for termination; Relying on the justification of performance without taking a defense and without any concrete record creates a strong presumption that the real reason for the termination is pregnancy. Ms. Merve may apply to a mediator and request reinstatement within one month; Discrimination compensation is also evaluated separately.
How many days is paternity leave?
The paid leave given to workers whose spouses give birth has been increased from 5 days to 10 days with Law No. 7578. This leave is given by the employer on a paid basis and cannot be deducted from the annual leave.
Is maternity leave deducted from annual leave?
No. Pre- and post-natal maternity leave periods are counted as employment in terms of entitlement to annual leave; Unpaid leave up to six months is not included in the annual leave calculation.
Is maternity leave 24 weeks for civil servants?
The amendment also made a regulation in the Civil Servants Law No. 657, and the total increase for women in public servants was also increased.
It provides for 24 weeks of leave. Details regarding civil servants are subject to their own legislation.
Requesting a return to work according to the old 16-week calendar, not applying the new 24-week period.
Dismissing the employee who reported her pregnancy on performance grounds without any concrete record.
Not following up SSI allowance and breastfeeding allowance applications on time.
Thinking that separation due to birth alone will result in severance pay.
Changing the employee's position upon return from leave and ignoring the fact that this will give rise to a presumption of discrimination.
24-week maternity leave provides working mothers with longer protection in the postpartum period. However, leave entitlement, SSI allowance, part-time work opportunity and job security must be planned correctly together; Terminations and job changes upon return from leave are the most frequently disputed issues in practice.
Küheylan Law Firm advises employees on maternity and maternity leave, termination due to pregnancy and discrimination disputes; It provides legal support to employers in creating leave policies and personnel processes in accordance with the new regulation.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK