Sweeping Revisions to Maternity and Paternity Leave Rules

PUBLICATION

Sweeping Revisions to Maternity and Paternity Leave Rules

Published in the Official Gazette on 1 May 2026, Law No. 7578 reshapes maternity and paternity leave entitlements under the Turkish Labour Code. The amendments expand parental leave rights for employees while imposing fresh compliance duties on employers.

BY CT LEGAL EDITORIAL
ALL PUBLICATIONS

Published in the Official Gazette on 1 May 2026, Law No. 7578 amends the maternity and paternity leave regime under the Turkish Labour Code No. 4857 and the Civil Servants Law No. 657. The reform expands parental leave entitlements and introduces a new framework for flexible return-to-work arrangements. The package responds to long-standing recommendations from social partners and aligns the domestic regime more closely with European Union benchmarks.

Scope and Background

Prior to the amendment, female employees were entitled to a total of sixteen weeks of maternity leave (eight weeks pre and eight weeks post birth) under Article 74 of the Labour Code, while paternity leave was limited to five working days under the Annex Article 2 of Law No. 657 and the relevant provisions of the Labour Code. Practice and Constitutional Court precedent had repeatedly underscored the need for a more balanced parental leave regime. The new law repositions parental leave within a shared-responsibility framework.

New Entitlements

Under the amended Article 74, post-natal maternity leave is extended, and an additional period of paid leave may be used at the mother's discretion in cases involving complications certified by a physician. Paternity leave is significantly extended for both private and public sector employees. A new "shared parental leave" pool is introduced, allowing parents to allocate a defined number of weeks between themselves within the first year following birth. Adoption leave is harmonised with biological birth leave.

Flexible return-to-work arrangements are made available, including part-time work entitlement until the child reaches school age, the right to compressed schedules, and remote work where the role allows. Wage protection rules under Article 74 continue to apply during the statutory leave periods, while the additional pool benefits from the existing social security parental allowance scheme.

Employer Compliance

Employers are required to update their internal policies, employment contracts, and personnel handbooks to reflect the new entitlements. Payroll systems must be reconfigured to accommodate the extended pay periods and shared leave records. Notification duties toward the Social Security Institution have been clarified, and a transitional provision protects employees whose leave commenced before the entry into force date.

Sanctions for non-compliance include administrative fines under Article 99 of the Labour Code and potential reinstatement claims where return-to-work rights are denied. Companies are advised to conduct a focused compliance review and to communicate the new entitlements to their workforce. Our office assists employers in updating policies, contracts, and SGK notifications in line with the new framework.