The Regulation on Working Conditions of Pregnant or Nursing Women and Breastfeeding Rooms and Child Care Dormitories and Their Improvements
The purpose of this Regulation is to take precautions to ensure the health and safety of the pregnant, newly born or breastfeeding employee in their workplaces and to ensure that these employees are prohibited from working in what kind of jobs, what conditions and procedures will be followed in the jobs they can be employed, how to set up nursing rooms or childcare dormitories. and to determine what conditions it will carry.
1. Working Conditions and Permissions
1.1. Working Hours and Night Work
It is not possible for pregnant or nursing employees to work more than seven and a half hours a day. In accordance with regulations on female workers who are not currently pregnant, female workers cannot work more than 7.5 hours in the night shift. Parallel to this, in accordance with Article 8 of the Regulation, female employees cannot be forced to work at night from the time their pregnancy is confirmed with a medical report until the birth. In addition, it is forbidden to work the newly born employee at night for a year following the birth. At the end of this period, if it is determined with a health report that night work is unfavorable in terms of health and safety, the said employees are not allowed to work at night during the report period. At this point, we would like to point out that the regulation on the conditions of working in night shifts of female employees stated that for breastfeeding female employees, this period is extended for another six months if the report obtained from the workplace doctor in charge of the mother or child's health is documented at the end of the one-year period, unlike the Regulation. It also mentions the health of the child. In this direction, the health of the child should also be taken into account during the extension of the period.
1.2. Employment of the nursing employee
It should be determined by a report that the employees who are breastfeeding do not have any obstacle to their work at the end of their maternity leave and before they start to work. The employee, whose work is determined by the doctor's report, cannot be employed for the period specified in the report and in the jobs specified in the report.
1.3. Maternity and breastfeeding
It is essential that women workers are not employed for a total of sixteen weeks, eight weeks before and eight weeks after birth. In case of multiple pregnancy, two weeks are added to the eight-week period that will not be worked before birth. However, if the health condition is suitable, the female worker can work in the workplace up to three weeks before the birth, with the approval of the doctor. In this case, the time worked by the female worker is added to the postpartum periods. In the event that a female worker gives birth prematurely, the periods of non-employment that she could not use before birth are added to the postpartum periods. These periods can be increased if necessary before and after birth, depending on the health status of the worker and the nature of the job, provided that it is determined by a doctor's report. In addition, female workers are given paid leave for periodic check-ups during pregnancy.
Up to six months unpaid leave is given to the female worker upon her request after the completion of the sixteen-week period or after the eighteen weeks in case of multiple pregnancy. This period shall not be taken into account in calculating the entitlement to paid annual leave.
A total of one and a half hours of milk leave per day is given to female workers to breastfeed their children under the age of one. The employee determines himself, between which hours and how many times this period will be used. This period is counted in the daily working time.
1.4. Examination leave of the pregnant employee
Pregnant employees are given paid leave for periodic check-ups during their pregnancy.
2. Obligations of the Employer under the Regulation
2.1. Information and Assessment Obligation
Pursuant to Article 6 of the Regulation, the employee is required to inform the employer in case of pregnancy and breastfeeding. Accordingly, the employer will evaluate the effects of chemical, physical, biological factors and working processes that are considered dangerous for the health and safety of the pregnant or breastfeeding employee on the employees and will take the general and special measures in ANNEX-1 according to this evaluation result.
The employer also determines the type, level and duration of exposure in the workplace of the employee, working conditions, jobs that are likely to be exposed to a special risk and the factors stated in ANNEX-2; to determine the effects of health and safety risks on pregnant or breastfeeding workers and to determine the measures to be taken. The employer is obliged to take into account the psychosocial and medical factors that affect the employee personally in this evaluation. Afterwards, the pregnant or nursing employee should be informed about the evaluation results and the precautions to be taken for health and safety purposes.
2.2. Acting in Conformity with the Evaluation Results
When the results of the evaluation reveal a health and safety risk for the pregnant or nursing employee or an effect on the employee's pregnancy or breastfeeding, the employer is obliged to temporarily change the working conditions and / or working hours of the employee concerned in a way that prevents the employee from being exposed to these risks. If it is not possible to adapt working conditions and / or working hours, the employer should take the necessary measures to transfer the employee to another job. In this context, pregnant workers can be employed in lighter jobs suitable for their health, if deemed necessary with a health report. However, a deduction cannot be made in the wage of the employee due to the lighter work. Finally, if it is not possible to transfer to another job, the employee may be considered on unpaid leave within the required period to protect the health and safety of the employee and this period will not be considered in the calculation of the annual paid leave right.
2.3. Obligation to Open a Room and Dormitory
Regardless of their age and marital status, in workplaces with 100-150 female employees, it is obligatory to establish a breastfeeding room separate from the workplace and at a maximum distance of 250 meters from the workplace by the employer for breastfeeding employees to breastfeed their children.
Regardless of their age and marital status, in workplaces with more than 150 female employees, it is compulsory for the employer to establish a dormitory separate from the workplaces and close to the workplace in order to leave and care for 0-6 year old children and breastfeed their children. If the dormitory is more than 250 meters from the workplace, the employer is obliged to provide vehicles.
Employers may jointly establish rooms and dormitories, as well as fulfill their obligation to open rooms and dormitories through agreements with dormitories authorized by public institutions. In the calculation of the number of female employees required for the establishment of a nursing room and / or dormitory, among male employees, those whose child's mother died or whose custody was given to the father are also included.