HALF-TIME WORKING RIGHT FOR CIVIL SERVANTS AFTER CHILDBIRTH
- ER|EN HUKUK
- May 5, 2024
- 6 min read
Updated: May 30, 2024
WHAT IS PART-TIME WORK?
The part-time working right for civil servants after childbirth is a regulation that assists parents in balancing their work and family lives post-childbirth. This right enables civil servants to transition to a more flexible working schedule after childbirth, allowing them to spend more time with their children by working fewer hours. Part-time work stands out as a regulation that brings many advantages.
To concretize the part-time working right, it would be appropriate to address the following points:
Working Hours: Part-time working civil servants work fewer hours compared to full-time employees. Typically, a civil servant with a weekly working hours requirement of 40 hours would work 20 hours per week when opting for part-time work.
Salary and Benefits: The salaries of part-time working civil servants are adjusted accordingly. Since the working hours are reduced, the salary also decreases partially. However, this does not deprive civil servants of the additional benefits granted to them by the state.
Flexibility: Part-time work offers civil servants a more flexible working schedule, allowing them to better balance their work and family lives. Especially in the post-childbirth period, the ability for parents to spend more time with their children is a significant advantage.
Career Opportunities: Part-time work enables civil servants to continue their careers. This allows them to allocate time to their families while maintaining their professional lives. Therefore, the part-time working system can be a preferred option even during periods of planned extended leave.
ADVANTAGES OF ACHIEVING WORK-FAMILY BALANCE AFTER CHILDBIRTH
Flexibility and More Time: Part-time work provides post-childbirth civil servants with a more flexible working arrangement. As a result, parents can better balance their work and family lives. For example, a part-time working civil servant can directly contribute to the development of their child while also dedicating more time to their daily tasks. They can also plan and manage educational and cultural activities that contribute to their child's social development.
Reduction in Stress: Part-time work can reduce stress in the post-childbirth period. While parents need to adapt to both work life and childcare responsibilities, the opportunity for part-time work can significantly reduce stress levels. Fewer working hours provide more opportunities for rest and relaxation.
Career Progression: Part-time work does not interrupt the career progression of post-childbirth civil servants. Opportunities for advancement and rewards in their roles continue as usual. Recognizing part-time work rights for civil servants facilitates the return of mothers or fathers to the workforce, leading to increased productivity in the long run.
Economic Support: Part-time work provides economic support to post-childbirth civil servants. By transitioning to part-time work to achieve work-family balance, civil servants can spend more time with their families without experiencing a complete loss of income. Additionally, it provides the opportunity to earn income during this challenging period to cover childcare expenses.
THE ROLE OF PART-TIME WORK AFTER CHILDBIRTH: STATISTICS AND RESEARCH
Work Productivity
Research shows that flexible working hours increase work productivity. Especially, utilizing the part-time working right for post-childbirth civil servants can positively impact their job performance. Flexible working hours can motivate civil servants to approach their work more effectively and with greater focus.[1]
Family Well-being
Part-time work often allows families to spend more time together. This option is valuable for post-childbirth civil servants who want to contribute more to their children's development. Research indicates that part-time work strengthens intra-family communication, contributing positively to family well-being.[2]
Effects on Mothers' Careers
The part-time working right for post-childbirth civil servants can facilitate the return of mothers to the workforce. This allows mothers to continue their careers while spending more time with their children. Furthermore, part-time work has been noted to reduce the risk of postpartum depression.[3]
In light of this data, part-time work after childbirth plays a significant role in increasing both family well-being and work productivity.
UTILIZATION OF THE PART-TIME WORKING RIGHT, LEGAL BASIS, AND PROCEDURE:
657 Law on Civil Servants Additional Article 43 - Part-time work after childbirth
((1) Civil servants who give birth may request their working hours to be arranged as half-time until the beginning of the month following the date when compulsory primary education starts for the child concerned, without being granted additional maternity leave or the leave used under Article 104 (F). Civil servants whose spouses give birth may also request their working hours to be arranged as half-time under the same conditions. The civil servant who starts to work part-time in this scope may return to full-time work effective from the beginning of the month following the application date, provided that it is recorded that they will not benefit from this right again for the same child. The salary of the civil servant benefiting from this provision is paid based on half of each payment element related to their financial rights and social benefits from the beginning of the month following the date they start to work half-time. The provisions of the relevant legislation continue to apply regarding payments dependent on actual work. The service periods during the period worked in this way are taken into account as half for the periods required for grade promotion and promotion. The working hours of the civil servant in this scope are determined by the relevant institution. Civil servants who adopt a child either together with their spouse or individually, or whose non-civil servant spouse adopts a child individually, benefit from the provisions of this paragraph from the date the child is actually handed over or, in the case of granting an eight-week leave under Article 104 or using leave under the same article (F), from the end of these leaves.
(2) The President is authorized to determine the procedures and principles for the use of the part-time working right and the civil servants who cannot benefit from this right together or separately by service class, position title, institution, or organization.
According to this legal regulation, civil servants who give birth, civil servants whose spouses give birth, and civil servants who adopt a child are granted the right to work part-time.
While this right does not prevent returning to full-time work earlier if desired, it lasts until the beginning of the month following the compulsory primary education age of the child at most.
Application and Litigation Process:
When wishing to use the part-time working right, a written petition must be submitted to the employer. In order to prevent any loss of rights, it is important to seek assistance from a lawyer for the application and to conduct the process through a lawyer from the beginning.
After your application, the relevant authority evaluates and provides either a positive or negative response. Alternatively, they may delay by not responding at all, effectively causing you to miss the deadline for filing a lawsuit. Therefore, it is important to seek the assistance of a lawyer in administrative judicial matters.
In case of a negative response from the authority, it is necessary to file a lawsuit within the specified periods in the Administrative Procedure Law. Lawsuits filed after the deadline will be rejected on procedural grounds, so it is important to carefully monitor the deadlines to avoid any loss of rights.
Request for Suspension of for Execution
As in many cases, it is crucial to obtain a decision to suspend execution as soon as possible. Considering the current judicial congestion, it may take a long time for cases to be concluded. Therefore, by requesting the suspension of execution at the beginning of the lawsuit, you can start working part-time as a precaution until your case is concluded, thus preventing any potential loss of rights from the past.
Indeed, it is possible for the employee to start working part-time before the lawsuit is concluded by obtaining a decision to suspend execution.
CONCLUSION
In this article, we discussed the part-time working right for civil servants after childbirth. Thanks to this right, civil servants can spend more time with their newborn children while fulfilling their family responsibilities and continuing their professional careers.
As mentioned at the beginning of our article, maintaining a balance between family and work life is important for everyone, but achieving this balance can pose some challenges for civil servants. The part-time working right after childbirth is an important opportunity offered to alleviate these challenges and support civil servants.
Your right to work part-time after childbirth offers a significant advantage in meeting the needs of both you and your baby. It is important to be aware of your rights and take necessary steps to use them when needed.
Although there is a legal provision for the use of this right, unfortunately, government institutions generally tend to provide negative responses to this application with bureaucratic reasons. Therefore, in practice, this right has become a right that can only be exercised through litigation.
If you are a civil servant who has given birth or whose spouse has given birth, we recommend seeking legal assistance to fully understand and exercise your legal rights. However, a lawyer can guide you through the application process, defend your rights, and be there for you in case of any legal issues.
