Mother’s Day: what entitlements and paid licenses should they receive at work?

This Sunday, May 14, is celebrated in the Peru and in various countries around the world on Mother’s Day. According to the National Institute of Statistics and Informatics (INEI), in our country there are more than 8 million women who are mothers and represent 64.4% of the country’s female population. Given these figures, it is necessary to remember the rights and licenses that correspond to those who work in the public or private sector.

Mother’s Day: what are the labor rights they enjoy?

One of the fundamental rights of working mothers is the pre and postnatal rest. “The mother has 49 days of prenatal rest and 49 days of postnatal rest,” says Aymé Límaco, head of the Cuatrecasas labor area.

A second right is that of lactation. According to the norm, the working mother has the right to one hour of daily leave for breastfeeding until her child turns 1, without substitution or compensation for any other benefit.

To this end, all workplaces in the public or private sector —where at least 20 women of childbearing age between the ages of 19 and 49 work— must have a lactary. “This is a conditioned environment for mothers to extract milk during working hours. The employer must guarantee adequate conservation”, adds the expert.

Regarding null dismissals, Peruvian legislation warns that it is prohibited in figures such as reason for pregnancy, birth and its consequences or lactation.

“It is void if the dismissal occurs at any time during the gestation period or within 90 days after the birth. This applies as long as the employer has been documented notified of the pregnancy before the dismissal, ”he points out.

Jobs: can they ask you for a pregnancy test?

On the other hand, the specialist refers that, in the calls for jobs, the company Candidates cannot be asked to take a pregnancy test.

“In cases where the job involves a risk to the health of pregnant women or the fetus, the potential employer can inform the candidates of said risks,” it details.

Mother’s Day: what licenses with benefits correspond to you by law?

As for the licenses laborLímaco indicates that it applies to those workers who have direct relatives with a serious or terminal illness or suffer a serious accident.

“This license is for the maximum period of seven calendar days. This right can be demanded by mothers who have a child who is seriously or terminally ill, or who has suffered an accident that seriously puts his life at risk and, therefore, the mother needs time to assist him, ”says the labor lawyer.

If it is necessary to grant additional days of leave, the worker must justify the need to assist his direct family member presenting the medical certificate correspondent. “The extension is granted on account of vacation leave, proportionally to the accumulated vacation record at the time of requesting it and will be up to 30 days depending on the worker’s labor regime,” adds the lawyer.

You can also give a license to those who have a minor child diagnosed with cancer. According to the norm, this is a license with benefits (exceptionally) for a period of no more than one year, which applies in case of having a child under the age of 18 diagnosed with cancer. This leave period must be covered the first 21 days by the employer and the remaining time by isHealth.

In addition, there is a license to medical care and rehabilitation therapy for children with disabilities. “Law 30012 establishes the license with pay for medical assistance and rehabilitation therapy required by minor sons or daughters with disabilities, for up to 56 consecutive or alternate hours annually,” Límaco specifies.

Mothers: how many days of leave do you have if you adopt a child?

Although the work leave for adoption is one of the few used, it does not mean that it is less important. According to Law 27409, the worker or worker requesting adoption has the right to a leave with pay corresponding to 30 calendar days.