In what cases does the new license apply?
A few days ago, the Executive Branch regulated Law No. 31602, which allows workers in the private sector to access paid leave before the death of their parents, siblings, children or spouse.
This measure was promoted by the Congress in order to promote equal rights, since only this benefit applied exclusively to public sector workers.
In accordance with the regulations, the benefits obtained from over licenses, by unilateral decision or by collective agreement, remain in force as long as they are most favorable to the worker.
Will it be for all private workers?
The regulation establishes the following scope framework: for all workers in the private sector, both in the general labor regime and those included in special regimes: civil construction, mype, agrarian and agricultural, mining, port, non-traditional export workers and worker fishing
Domestic workers are also included in the scope., guardians and porters, part-time, surgeon, nursing, teleworking, artists and porters; as well as foreigners, pregnant women, and Andean migrants, among others.
Likewise, the employer is empowered to supervise the appropriate use of this license. The worker must collaborate for this purpose when required.
How much does it apply for? Can it be extended?
The duration of the paid leave is five calendar days; although in the event that the death of the worker’s family member has occurred in a geographical space other than the workplace, the extension of the benefit is allowed “up to the end of the distance.”
The latter covers the additional days for the employee’s travel, depending on the means of transportation used, in accordance with the General Table of Distance Termsapproved by Administrative Resolution No. 288-2015-CE-PJ or regulation that replaces it.
It should be added that in the public sector, the CAS have five days, plus another three if the death occurred in a different place.
The procedures you must carry out for the license
To access this right, The worker requests the license from the employer indicating that he or she is authorized to do so, specifying the start date and its duration.
Once the five days have ended, documents must be attached that prove the link with the deceased relative; and in the event that the leave is extended beyond what was planned, also support that the death occurred in a province or region outside the workplace.
If it is not possible to have the documentation in question, an affidavit will be submitted indicating the place of death of the family member.
Source: Larepublica
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