The legislative proposal that proposes to extend paternity leave to 15 days is on track. In the last session of the Budget Committee of the Congress, carried out last Tuesday, the working group approved with 21 votes in favor to withdraw from this initiative. Now, after having a favorable opinion in the Work Commission, the proposal should go to the Full for rejection or approval.
What does the project say? PL 2890, presented in October 2022 by legislator Wilson Soto, proposes granting the right to paternity leave up to 15 days of paid rest to the workers both public and private activity. In addition, it indicates that this benefit for the working father must be partially subsidized by the Social Security of Health (EsSalud).
Paternity leave: protection against dismissal
Another of the benefits that the opinion seeks to provide is protection against unfair dismissal to parents with a labor relationship if the dismissal, hostility or non-renewal occurs after notification of the pregnancy and up to one year after the child’s birth, provided that the mother has no current employment relationship.
Currently, the paternity leave It only lasts for 10 days. Photo: Andean
The initiative proposes that, in the cases of natural childbirth or caesarean section, the paternity leave is 15 consecutive calendar days. During the first 10 days, the employer or cooperative is obliged to pay the remuneration or compensation, while, in the following five days, they will be subsidized by isHealth.
According to the proposal that has had modifications in the Work Commission, in the cases of premature births and multiple births, it is proposed that the leave be extended to 25 consecutive days. In the first 20 days, the employer or cooperative is obliged to pay the remuneration, while the following five days are subsidized by the sureis read in the substitute text.
Paternity leave: economic impact on EsSalud
In the words of the labor lawyer Caesar Puntrianthis initiative has interesting points: however, it maintains that The source of financing must be carefully studied.
“It is a complicated measure because you have to evaluate the financial capacity that isHealth to meet this subsidy. To date, the insurance pays for maternity leave, lactation allowance and temporary disability. A measure like this can be complicated over time. Currently, there are S/5,000 million that employers owe to isHealth for non-compliance with contributions,” the expert told La República.
In an opinion response on the project, the National Fund for Financing State Business Activity (Fonafe) argues that this initiative does not take into account that there could be a negative impact on isHealth and that it would be necessary for calculations to be made to estimate the amount of paternity leave that would be submitted to social security in order to determine the economic impact that the subsidy would cause.
Paternity leave: how many days is it currently?
Currently, the right to paternity leave It only has a duration of 10 days, as stipulated in Law 29409. When the right was created, said license only lasted four days.
From the other shore, the right to maternity leave covers 98 days divided into 49 days before delivery (pregnancy leave) and 49 days after delivery (maternity and lactation leave).
Source: Larepublica
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