Workers in the public and private sectors who are parents have the right to enjoy a paid rest period due to the birth of their child. According to Law 30807, the employer must grant 10 days of paternity leave in cases of natural birth or cesarean section of the spouse or partner. However, this timing could be modified.
It turns out that the Labor and Social Security Commission, chaired by Congressman Pasión Dávila, approved last Tuesday, January 23, a new replacement text for the predictamen to “protect the labor rights of parents”, which, among other modifications, seeks to extend to 15 days this permission for parents. Below, review the main scope of this regulatory proposal and its impacts on labor legislation.
More days of paternity leave: what is this Congressional ruling about?
With 9 votes in favor, none against and only 2 abstentions, the Labor and Social Security Commission approved in its last extraordinary session on January 23 the report that seeks to protect the labor rights of parents who work in the public and private sectors. . This legislative initiative brings together 8 projects by parliamentarians Seferino Flores, Kira Alcarraz, Darwin Espinoza, Wilson Soto, Katy Ugarte, Rosángella Barbarán, Alejandro Soto and Víctor Cutipa.
Among the main scope of this legislative proposal, the provision of extend paternity leave from 10 to 15 days, in cases of natural birth or cesarean section. Until now, this period of paid rest was assumed by the employer and with the approved opinion, the 5 additional days would be subsidized by EsSalud.
Likewise, this bill increases the leave for parents from 20 to 25 days so that they can be absent from work in special cases, such as premature births and multiple births. In the opinion of Germán Lora, partner at Damma Legal Advisors, “this rule would impact EsSalud, which is in financial deficit because the bonus contributions were taken away and now it would have to financially assume the additional 5 days.”
For his part, labor lawyer Javier Rocca told this medium that the extension of paternity leave is a reasonable measure and progress because the father’s support is needed at the time of childbirth. “In addition to paternity leave, this rule guarantees the protection of the parent regarding dismissal and this is a positive aspect, since to date, the law did not contemplate it,” he said.
Since when can you request paternity leave?
According to lawyer Germán Lora, the period of paternity leave is computed from the date that the worker indicates among the following options:
- From the date of birth of the minor.
- From the date on which the mother or child leaves the respective medical center.
- Starting on the third day before the probable date of delivery.
What happens if the employer fails to grant paternity leave?
Workers who are parents can file a complaint with the National Superintendency of Labor Inspection (Sunafil) if the company in which they work denies granting paternity leave. However, the norm has not provided for applying any economic recognition in favor of the worker, explains Germán Lora.
For his part, Javier Rocca said that the denial of this permit to workers who are parents constitutes a very serious infraction and recalled that Sunafil establishes a fine with an amount ranging from S/1,138.50 to S/260,023. .50, which varies depending on the company’s regime and the number of affected workers.
Opinion of the Labor Commission: what other changes does it propose?
The increase in paternity leave days is not the only modification proposed by the Labor and Social Security Commission’s report. There are others, which we list according to the specialists consulted:
- Article 65 of Legislative Decree 728 is modified so that the dismissal of a worker is declared null and void in cases of pregnancy, birth, breastfeeding and their consequences.
- The protection of null dismissal can be extended to the father with an employment relationship if the mother does not work, unless there is serious misconduct.
- Article 48 of Legislative Decree 728 is modified so that permission is granted to pregnant workers in order to carry out their prenatal check-ups.
- Article 4 of Law 27409 is changed, with the purpose of granting work leave for adoption for spouses or members of the de facto union. It is worth mentioning that the woman receives the license in these cases.
- Breastfeeding women, in addition to being able to ask their employers not to perform risky work, can carry out their workday under mechanisms such as teleworking.
What are the work licenses or permits that exist in Peru?
- Pre-natal leave
- Post-natal leave
- Extension of post-natal leave for multiple births or birth of a child with a disability
- Paternity leave
- Paternity leave for premature or multiple births
- Paternity leave for birth with terminal congenital disease or severe disability
- Paternity leave due to serious complications in the mother’s health
- Extension of paternity leave in the event of the death of the mother during childbirth or while enjoying maternity leave
- Leave for workers with immediate family members who are seriously or terminally ill or have suffered a work accident
- Leave for workers whose child under 18 years of age is diagnosed with cancer
- Adoption leave
- Leave for medical assistance and rehabilitation therapies for people with disabilities
- Temporary incapacity for work
- Volunteer Firefighter License
- License to members of the OSH Committee or Supervisors
- Vacation break
- Permit to care for family members with Alzheimer’s and other dementias
- Union License
- Excused absence due to family violence
- Suspension of the employment relationship due to family violence
- License to continue tuberculosis treatment
- Leave for military service
- License for workers selected to represent Peru in official national and international events
- Breastfeeding leave
- Leave for workers on the day scheduled for their COVID-19 vaccination
- Leave with compensable pay for workers who perform preventive oncological examinations
- License for early detection exams for breast and cervical cancer
- Leave for death of spouse, parents, children and siblings
- Absence justified by testimony of witnesses
- Blood donation permit
- License for municipal councilors.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
