Labor rights of working mothers

According to the National Institute of Statistics and Informatics (INEI), In Peru there are 8 million 988,842 mothers, of which 67.9% work. Likewise, according to the latest report on the evolution of monetary poverty in our country, poor nuclear households headed by women reached 57.2% in 2023. However, despite the fact that our Constitution recognizes the special protection of working mothers, They face different obstacles.

1. Can they not hire me because of my pregnancy?

Alicia Jiménez, labor lawyer, points out that employment should not be conditioned on the status of pregnant, mother or nursing. In fact, that could be considered an act of discrimination. However, it is a situation that can be seen both at the time of the job interview; That is, in the selection process, as well as at the beginning of the employment relationship with the company, since the company could cancel the contract during the trial period—which is generally three months—without the obligation to say what the reason was. Faced with this, Jiménez explains that a complaint could be filed with Sunafil. “In the selection process part, it is more complicated because there is no presumption per se, but they should not ask you those questions and you can report that as an act of discrimination. When there is not yet an employment relationship, the complaint could be made through a constitutional action, filing an amparo action,” he maintains.

2. How long does maternity leave last?

Working mothers and surrogate mothers, especially, have special rights and protections. If you are in gestation, you have up to 98 days of license. It is understood that it is 50% before delivery so that you have a rest beforehand and then the remaining 50% after delivery. However, you can, as a worker, request that everything be accumulated after giving birth. In that sense, it is possible to transfer all your rest to the postnatal period as long as your doctor authorizes it. It is a right, maintains Jiménez.

On the other hand, Sara Campos, master in Labor Relations, explains that if the baby were born with any disability, in addition to those 98 days, they would have the right to 30 more days of paid leave. Likewise, if she needs more time for some personal reason, the working mother can request a vacation for up to 30 days; That is, her vacations are accumulated and enjoyed immediately after the postnatal rest and the employer should grant them, the same with the breastfeeding hour until the child turns one year old.

3. Can I go to my medical appointments during work hours?

Permissions and medical appointments for the monitoring of the pregnant worker must be agreed with the employer, preferably outside of the working day, but if they are within the working day, permission is given, understanding that these are hours that must be made up, except that there be a medical break due to some risk of loss. In that case, the medical break means that the person does not even have the obligation to attend, but if that is not the case and they have a medical appointment within the day, these are times that are recovered, Campos points out. Likewise, recommendation 191 of the International Labor Organization (ILO) on Maternity Protection, an agreement that Peru ratified in 2000, stipulates in article 6 that “a woman should be able to be absent from work, when appropriate, after notifying her employer, in order to carry out relative medical checks. to her pregnancy.” Campos maintains that, for example, if it were an iron treatment supported by a medical order, the employer is obliged to abide by it and comply with it. and, later, see a way to recover, but by denying it you are attacking the mother and the baby.

4. Should every company have lactators?

Having a lactator is an obligation for companies that have at least 20 workers or service providers or even for companies that outsource to women of childbearing age. “If this requirement is met, it means that you will be able to access this lactary for milk extraction whenever it is needed,” says Jiménez. However, she is concerned that, according to INEI data, 78.9% of Peruvian mothers work in companies that do not exceed 10 workers. On the other hand, breastfeeding also implies that workers can have one hour a day, either before or after their work day, to dedicate that time to being with their baby and breastfeeding throughout their first year of work. life. “Breastfeeding time could also be during the work day; both parties must decide, always with a degree of flexibility,” says Campos.

5. What happens if I am a pre-professional practitioner?

According to data from the INEI, the majority of women in the Peru She had her first child at 22 years old. In that sense, the probability of being a mother under a pre-professional internship contract can be high. Although there is no specific provision for practitioners regarding maternity leave, Jiménez points out that this is normally governed by internal policies, because it is clear that the state of pregnancy will naturally cause a need for rest. “What could be done, despite there being no specific policy or legal framework that establishes a specific mechanism, is to obtain a medical break for the time required.”but beyond this there is no specific obligation of the employer to attend to and grant leave, because this, in addition to rest, implies financial benefits that are provided by Essalud,” he explains.