What does sick leave consist of in Peru and what are the exceptional cases to request it?

As human beings, we are not exempt from having some health problems. In this case there is a special permission called sick leavea special consent that workers in the public and private sectors can access, depending on the agreement they reach with their employers.

In order to know the cases in which this permission can be requested and other details, we consult the labor lawyer Alex Poncewho gave us greater insight regarding legal regulations on workers, such as Supreme Decree 008-2017 TR, which approved the regulations of Law 30012.

How many days of sick leave are available to a worker and for which family members does it apply?

The worker has up to seven days of paid leave for a sick child, father or mother, spouse or partner diagnosed in a serious or terminal condition, or who has suffered an accident that seriously endangers his or her life. Permission is granted in order for him to assist you.

In what cases can sick leave be extended?

In the event that the worker needs more days of leave, there is the possibility of being granted an additional period that does not exceed 30 days, on account of vacation rights: “If there is an exceptional situation that makes assistance to the immediate family member unavoidable , outside the period provided for in the preceding paragraph, the hours used for this purpose can be compensated with overtime hours of work, prior agreement with the employer”, is clear from Law 30012.

What is the procedure for requesting sick leave?

To enjoy the leave, the worker must present, within 48 hours of the serious accident or serious or terminal illness occurring or becoming known, the following:

• A written or email communication addressed to the employer to request the granting of the leave, indicating the start date, its duration and the facts that motivate it. In the absence of an indication of the start date, it is understood that the leave begins on the calendar day following the communication to the employer.
• Documentation that proves the link with the immediate family member who is seriously or terminally ill, or who has been a victim of the serious accident. Coexistence can be proven through the corresponding notarial, judicial or registry documentation. If the employer accepts it, accreditation can also be carried out through a police verification or sworn statement from the worker.
• The corresponding medical certificate. The documentation referred to in the previous paragraphs can be presented separately, but always within the established period.
• In the event that, once the medical certificate is obtained, it does not determine the condition of serious illness, terminal illness or serious accident of the immediate family member, the worker must return to his or her workplace on the business day following the issuance of said certificate, at the latest. .
• In this case, the time not worked by the worker cannot be discounted or considered as unjustified absence or imply a lack of work subject to sanction, provided that there has been hospitalization of the immediate family member and the worker recovers the hours stopped working. The form of recovery of the hours stopped working is determined by the employer, in the absence of agreement between the parties.
• In the event of an extension on account of the vacation record, the worker must submit a written or email communication to his or her employer, explaining the reasons for the extension of the leave for a certain date and the corresponding medical certificate.
• In the event that the need exists and having already exhausted the seven days of leave and the 30-day extension on account of the vacation period, and the days of absence have to be compensated with overtime, so that the worker can use them, You must have previously signed the compensation agreement with your employer.

Are there other sick leaves or other types of conditions?

Leave for a direct relative with Alzheimer’s

• Law 30795, with its regulations approved by the Supreme Decree 030-2018-SAestablishes that the worker who has direct family members and caregivers in charge of caring for patients with Alzheimer’s disease and other dementias has the right to request from their employer up to one working day of paid leave per year in order to meet the needs of the patient. .

Oncology patients

Law 31041, ‘Medical emergency law for the timely detection and comprehensive care of cancer in children and adolescents’modified Law 30013 and included, in an exceptional and unique manner, that leave with pay be granted for a period of no more than one year and in accordance with their needs to the worker whose son, child or adolescent under 18 years of age is diagnosed with cancer. by the specialist doctor, which must be covered for the first 21 days by the employer and the remaining time by EsSalud.

License for medical assistance and rehabilitation therapy for people with disabilities

• Law 30119 establishes that the worker has the right to enjoy license for the medical assistance and rehabilitation therapy required by their minor children with disabilities, minors with disabilities subject to their guardianship, adults with disabilities in a condition of dependency or subject to their guardianship.
• If both parents work for the same employer, this leave is taken by one of the parents.
• The leave is granted by the employer to the father or mother, guardian or curator of the person with a disability who requires medical assistance or rehabilitation therapy, for up to 56 alternate or consecutive hours annually, which are granted on account of the vacation period. They are also compensated with overtime hours of work, prior agreement with the employer. If necessary, additional hours are granted, as long as they are on account of the vacation period or compensable with overtime hours of work, prior agreement with the employer in both cases.