Paternity leave
Luis Eduardo Valle Arias
Maternity Leave Protection extended to Fathers!
Dear Employers,
We inform you about the legal provisions related to maternity leave and its extension to the father that you should take into account when managing the termination of employment relationships.
Maternity Leave - Labor Code, Article 106
Pregnant workers may only be dismissed for just cause and with judicial authorization. If the dismissal is made without this authorization, the worker may be reinstated and receive remuneration from the date of dismissal, presenting a medical certificate within twenty days.
Maternity Protection - National Constitution, Article 72
The Constitution protects pregnant workers, guaranteeing their employment during pregnancy and up to one year after childbirth. In addition, they are entitled to six weeks of paid leave before delivery and eight weeks after delivery.
Law 238 of September 15, 2021, which extends the Maternity Leave to the Father, enters into force according to the following parameters
Scope of Maternity Leave: Maternity leave is extended to the father in the following cases:
- Death of the mother during childbirth or within twelve months thereafter.
- The mother is not formally employed during pregnancy or within twelve months after childbirth.
Duration of leave: The father cannot be dismissed during pregnancy and up to one year after childbirth.
Termination of leave: The leave is suspended if the mother obtains formal employment or in case of death of the child.
Employment Protection: The father cannot be dismissed without just cause and without judicial authorization.
Requirements for Employees:
- Mother without a formal job:
- Pregnancy certificate.
- Copy of the mother's identity card.
- Certificate from the Social Security Fund.
- Child's birth certificate.
- Death of mother:
- Child's birth certificate.
- Mother's death certificate.
Company's liability: In case of death of the mother, the father is entitled to fifteen days of vacation, proportionate to the time of the contract.
In the event of a reinstatement order, compliance is mandatory and non-compliance will be sanctioned with contempt of court.
Legal Basis: This law became effective on July 24, 2024 by means of Cabinet Resolution No. 64 of July 23, 2024, published in Official Gazette No. 30081-A.
This law is pending to be regulated by the Executive Branch.
Ensure compliance with these provisions to avoid penalties and possible reimbursement.
