LAW 2114 OF 2021: EXTENSION OF THE PATERNITY LEAVE AND NEW LEAVES

Extension of the paternity leave:

Paternity leave will be extended from eight (8) days to two (2) weeks. Additionally, there will be a progressive increase in one (1) additional week for each percentage point of decrease in the structural unemployment rate compared to its level at the time of enforceability of said law. However, this leave cannot exceed five (5) weeks.

Shared parental leave:

Consists in the possibility of parents to freely distribute among them the last six (6) weeks of maternity leave (applies to adoptive and premature children).

Guidelines:

1. The time will be counted as of the date of the baby’s birth. Unless the mother has taken a maternity leave a week or two prior to the probable date of delivery.
2. The first twelve (12) weeks of maternity leave are non-transferable. The remaining six (6) weeks may be distributed between the mother and the father, by mutual agreement.
3. In any case the leave periods can be fragmented or taken simultaneously except in cases of postpartum illness of the mother, duly certified by the doctor.
4. It will be remunerated based on the salary of whoever enjoys the leave for the corresponding period. The payment will be in charge of the employer or EPS (as applicable).

Requirements:

1. Birth Certificate, which must be submitted to the EPS no later than 30 days after the date of birth.
2. Both parents must execute a document explaining the agreed distribution of the leave and deliver it to their employers, within 30 days after the birth.
3. The treating doctor must authorize the parents’ agreement in writing.
4. Parents must present to the employer a medical certificate attesting to:

a. The pregnancy status of the woman; or proof of birth.
b. The probable day of delivery, or the date of birth.
c. The date from which the leaves of each would begin.

Flexible part-time parental leave:

It consists of the possibility that the mother and / or father choose a flexible part-time parental leave, in which they can change a certain period of their maternity or paternity leave for a part-time work period, equivalent to twice the time corresponding to the selected time period.

Guidelines:

1. The father will be able to use this figure before the second week (2) of their paternity leave; the mother not earlier than the thirteenth (13) week of their maternity leave.
2. Part-time flexible parental leave time will be counted as of the date of delivery, unless the mother has taken a week or two of maternity leave prior to the probable date of delivery. The periods selected for parental leave must be continuous, unless differently agreed by employer and employee,
3. It will be remunerated based on the salary of whoever enjoys the leave for the corresponding period. The payment will be in charge of the respective employer or EPS. The payment of the salary for the part-time worked shall follow current regulations.

Requirements:

1. Civil Birth Certificate, which must be submitted to the EPS no later than 30 days after the date of birth.
2. There must be mutual agreement between employers and employees. The agreement must be accompanied by a medical certificate attesting to:

a. The pregnancy status of the woman; or proof of birth.
b. The probable day of delivery, or indication of the date of delivery.
c. The date from which the corresponding license would begin.

This agreement must be consulted with the employer no later than 30 days after the birth. The employer must answer to the request within five (5) business days following its presentation.

Author: Angélica Pico I [email protected] I Labor Law