Government regulates paid leave to rule out breast and cervical cancer

The Peruvian Government published this morning the regulations of Law 31561, on the prevention of cancer in women and the strengthening of specialized oncological care. Among its main aspects is the obligation of the employer to grant one day with pay per year to the workers so that they can carry out a discard..

Although delayed (it had to be ready 60 days after the approval of the law, in June 2022), the regulation determines that women workers in public and private activity, including the National Police of Peru (PNP) and the Armed Forces , will have the right to one day a year of paid leave, when they attend early detection exams for breast and cervical cancer.

The procedure for working women to exercise the right to paid leave for the early detection of breast and/or cervical cancer begins with the presentation to the employer of the scheduling of their appointment for breast and/or cervical cancer screening. these types of cancer, which can be performed in a public or private IPRESS.

The worker must present proof of care, which is presented within 3 business days following the care. The paid leave granted to the worker is assumed by the employer, who cannot require funding from EsSalud.

The public, private or mixed IPRESS that has performed the early detection exams for breast and/or cervical cancer on the worker is obliged to deliver the certificate of care on the same day and inform the patient of the results electronically. once obtained.

“In order to guarantee continuity of care, the work center will provide facilities to the worker in accordance with the provisions related to permits and/or licenses established in the internal work regulations or the one that takes their place,” says the rule.

To access paid leave, the worker must do the following:

• Submit your request for paid leave for early detection exams for breast and/or cervical cancer to your immediate boss, which is referred to the General Human Resources Management Office of the employer or whoever takes his or her place, attaching scheduling your appointment.
• The mere presentation of the application does not entitle the worker to enjoy the leave, who must subsequently prove the care with proof of care.
• The presentation of the documents for the paid license, whether physically or virtually, is done 3 business days in advance of the scheduled appointment, for terms of the substitution, if applicable.