Death license in Peru: in what exceptional cases can it be extended?

The loss of a family member It is one of the most difficult moments that we have to face during life. Whether suddenly or due to a long health process, nothing prepares us for this and the emotional impact can be so great that we may feel unable to continue with our daily tasks, including work.

Given the possibility that workers could be involved in this scenario, the law favors companies granting a few days for this type of case and employees are not affected in their workplace. However, since each person lives a different reality, the question arises as to whether this permission can be extended. For this, we consult the labor lawyer Alex Poncewho gave us more insight on the matter.

Death license: how to apply for it and what documents are required?

• To use it, the worker must request the leave from the employer through a communication and indicate the start date and its duration.
• At the end of the leave, the worker must present documentation that proves the link with the deceased family member.
• If the leave has been extended, it must also be proven that the death occurred in a geographical location other than the workplace. If it is not possible to present documentation that proves this, the worker must issue an affidavit indicating the place where the family member died.
• It is important to note that the employer is empowered to supervise the appropriate use of the leave. The worker must collaborate for this inspection.
• There is no established deadline to request this license; but, given its nature, it should be requested immediately after the death of the family member who supports the license.

In what cases can the death license be extended?

Workers have a paid leave of five calendar days for the death of a spouse, parents, children and siblings.

When the death occurs in a place other than where the workplace is located, The license will be extended for a few additional days for the worker’s travel, depending on the transportation used and the location. The number of days will be determined in accordance with the General Table of Distance Terms, approved by Administrative Resolution No. 288 2015 CE PJ or rule that replaces it.

Death leave: is there a difference for public or private workers?

Workers in the private or public sector under said regime have as their regulatory framework what is established in Law No. 31602; However, for workers in the CAS and 276 regime, the regulation is different.

• Bereavement leave in the CAS regime: In this modality, the permit is regulated by article 12 of Supreme Decree No. 075 2008-PCM, regulation of Legislative Decree No. 1057:
  “The obligation to provide services of the worker subject to the regime of Legislative Decree No. 1057 is suspended in the following cases:
  12.1 Suspension with compensation:
  (…) f) Due to the death of a spouse, common-law wife, parents, children or siblings for up to three days, which may be extended up to three more days when the death occurs in a province other than where the worker works.”

Regarding the calculation of deadlines, these must be carried out starting from the business day following the death of the servant’s family member and include business days. This is to the extent that Official Letter No. 356-2013-SERVIR/PE dated April 1, two thousand thirteen, through Legal Report No. 362-20212-SERVIR/GPGRH dated October 11, 2012, specifies that :

The death leave In the CAS regime, it must be understood to be granted on business days: it will be computed from the business day following the death of the servant’s family member. The purpose is to allow attendance at funeral services, as well as carry out the procedures related to the funeral.

Finally, there is another case: when the server is under the Administrative Contracting of Services (CAS) regime and works in an entity whose general regime is subject to Legislative Decree No. 276. For this, the calculation of days for the term of the death leave of said server must be on business days, in accordance with the Personnel Regulatory Manual No. 00192-DNP ‘Attendance and permanence control’, approved by Directorial Resolution No. 010 92 INAP/DNP.

• Bereavement leave under the regime of Legislative Decree No. 276: In this regime, a leave with remuneration for mourning is also regulated and is regulated by article 110, literal a) of Supreme Decree No. 005 90-PCM, regulation of Legislative Decree 276:

  Article 110: “The licenses to which officials and servants are entitled are:
  (…) a) With remuneration:
  Due to the death of the spouse, parents, children or siblings (…)”

Likewise, article 112 of the aforementioned regulation determines the duration of the license as follows: “The leave for the death of the spouse, parents, children or siblings is granted for five days in each case, and may be extended up to three more days when the death occurs in a different geographical location where the employee works.”

Regarding the calculation of the leave time in question, they must be computed from the business day following the death of the family member and contemplating only business days, in accordance with section 1.2.3 of the Personnel Regulatory Manual No. 001 92 DNP ‘Attendance and permanence control‘, approved by Directorial Resolution No. 010 92 INAP/DNP.

Can I be given leave due to the death of my grandparents?

Legally, there is no leave for the death of grandparents, unless such benefit is granted in a collective agreement.