New rules on paternity leave introduced in Colombia

Author: Daniel Salazar López

The Colombian Congress has passed Act 2141 (August 10, 2021) whereby a further protection has been granted to parents. Act 2141 incorporates several new provisions on labor matters and, in particular, on maternity and paternity privileges. The following are the most important aspects of the new law:

1. Maternity leave was extended from three (3) months to eighteen (18) weeks after childbirth.
2. Unless an authorization is obtained from the Labor Inspector, or the Municipal Mayor in the corresponding case, the dismissal of a worker, whose spouse, partner or permanent partner is pregnant or within eighteen (18) weeks after childbirth and is not formally employed, is prohibited. If dismissal occurs, the dismissed employee shall be entitled to the additional payment of an indemnity equivalent to sixty (60) days of salary.
3. In addition, the indemnities and benefits that correspond by virtue of the employment contract shall be recognized.
4. Paternity leave is not extended to the worker when his/her spouse, partner or permanent partner is in stable employment.
5. Maternity leave is also extended to the parents in the same proportion during the 18 weeks following childbirth.
6. The worker must notify the employer, verbally or in writing, of the pregnancy status of his/her spouse, partner or permanent partner and declare under oath that he/she does not have a stable job or that he/she is not a beneficiary of the Social Security Health System. Within the notification, the worker must present the necessary examinations and for this purpose she will have a term of up to one (1) month to prove the pregnancy status.

This new legislation is intended to protect the constitutional right to equality between men and women in the work environment and in harmony with the family environment.