Paternity leave: what does it consist of and how many more days have been granted by Congress?

Paternity leave has been extended by Congress of the republic in the plenary session on March 13. This legislative norm, which also covers other rights such as unjustified dismissal, has the objective of protecting the bond between the father and the newborn.

“This proposal protects family members, promotes the development of the family nucleus based on values ​​and protects the rights of working parents,” argued Pasión Dávila Atanacio (BMCN), president of the Labor and Social Security Commission of the Congress.

How many more days of paternity has Congress granted?

Congress has granted 5 more calendar days to the 10 days that existed in the previous paternity leave regulations. This regulation will apply to public and private sector workers and, in accordance with proposed laws number 1330 and other similar ones, if a baby is born prematurely or if it is a multiple birth, paternity leave will be extended from 20 to 25 days.

In relation to the approved changes, the report establishes that the 5 additional days will be financed by EsSalud instead of the employer, who currently pays the 10 days of leave to its employees. This change aims to reduce costs for companies.

What other regulations have been approved in favor of paternity?

Likewise, Congress in this new regulation has contemplated that the dismissal of parents due to the couple’s pregnancy, birth, breastfeeding and the consequences of these is void.

This protection is established from the moment the pregnancy is reported until one year after the birth of the child, as long as the mother does not have a current employment relationship.

When can an employee request paternity leave?

Regarding deadlines for the working father, you should consider the following options to determine when to start your paternity leave:

1. The date of birth of the child.
2. The date on which the mother or child is discharged from the corresponding center.
3. Starting on the third day prior to the estimated delivery date. This estimated date must be certified in a medical document signed by a licensed professional.

It is important to note that any decision about when to start paternity leave must be communicated to the employer at least 15 days in advance of the baby’s probable date of birth.

What happens if the employer does not comply with granting paternity leave?

Employed fathers have the right to file a complaint with the National Superintendence of Labor Supervision (Sunafil) if the company in which they work refuses to grant paternity leave. Although the law does not provide financial compensation for the worker in these cases, denying this right to working parents is considered a very serious offense. Sunafil can impose fines ranging from S/1,138.50 to S/260,023.50, depending on the company’s regime and the number of affected employees.