In our country, workers registered on the payroll have the right to request work licenses, which are permissions granted by employers so that they can be absent from their job due to personal, family or health reasons, without compromising their stability..
From paternity leave, which has not yet been enacted by the Executive Branch, to permits for preventive health examinations, each of these labor rights are designed to support workers in various circumstances. In addition, there are still 12 holidays left that they can take advantage of to enjoy a well-deserved paid rest.
What licenses and work permits does the Peruvian worker have?
Workers have the right to various work licenses that allow them to attend to personal situations without losing their job or salary. These include leave for paternity, illness and death of a family member. In addition, there are special licenses for personal emergencies and acts of violence, among others.
Each of them has increased in recent years and has its own requirements and procedures, which workers must meet to be eligible. Below, learn about the most important ones:
Paternity leave
Last Wednesday, March 13, the Plenary Session of Congress approved an opinion from the Labor Commission that seeks to protect parents who work in the public and private sectors. One of the main provisions of this rule is that it extends paternity leave from 10 to 15 consecutive calendar days, which will apply to workers under various labor regimes. In addition, the regulatory proposal proposes increasing parental leave from 20 to 25 days, allowing them to be absent from work in special situations, such as premature births and multiple births.
Until now, this period of paid rest established by paternity leave was assumed by the employer. Regarding the scope of the new law, the five additional days would be subsidized by EsSalud. However, this norm has not been sent to the Executive Branch for publication in the official newspaper El Peruano, due to a pending reconsideration made by the president of the Labor Commission, Pasión Dávila, to specify changes to the approved text.
Leave for death of family members
Law 31602, which establishes a five-day leave for the death of family members in the private sector, was published at the end of 2022 and was regulated in the last days of December 2023. This rule provides that the worker has the right to be absent from work in the event of the death of his or her spouse, parents, children or siblings.
Likewise, it is specified that if the death of the family member occurs in a location other than the workplace, the leave will be extended until the end of the distance, which includes additional days for commuting to work, depending on the transportation used. At the end of this permit, the worker must present all documentation that proves the family relationship. If he does not do so, he can provide an affidavit to the employer.
Leave for early detection examination for breast and cervical cancer
According to the regulations of Law 31561, female workers are entitled to paid leave to perform breast and cervical cancer screenings; For this reason, they may be able to be absent from work for one day a year. This license is applicable to women in the public and private sectors, regardless of the type of employment contract.
To request this permit, workers must present to their employer the scheduling of the exam appointment, held at a public or private IPRESS, including those of the PNP and the Armed Forces. This programming must accompany a simple license request, addressed to the immediate supervisor, and is subsequently referred to the human resources management office.
It should be noted that the cost of this paid leave is assumed by employers, who cannot request financing from Social Health Security.
Leave due to serious or terminal illness or serious accident of immediate family members
In the event that a direct family member (children, spouse, father or mother) suffers a serious, terminal illness or a serious accident, workers have the right to paid leave of up to seven consecutive days, according to law 31041. Said leave can be extended for a period of no more than one year, as long as the worker’s child is a minor and suffers from cancer diagnosed by a specialist doctor. In this situation, the worker’s salary will be covered for the first 21 days by the employer and the remaining time by EsSalud.
License to perform preventive oncological examinations
Since 2022, workers have the right to paid leave to undergo preventive oncological examinations, according to the scope of Law 31479. This leave is for two business days and is designed to promote the prevention and early detection of cancer. To request this leave, the worker must coordinate with his or her employer and present proof of attendance at the medical examination.
License for acts of violence
In situations of physical, psychological, sexual, economic or patrimonial violence, Workers can present a justification for absences from their workplace derived from these events, as provided by Law 30364. Such permission can be granted for up to five business days in a period of 30 calendar days, or 15 business days in a period of 180 calendar days.
Additionally, a judge may authorize a total suspension of work activities for a maximum of five months (without receiving remuneration), depending on the severity of the events, as requested by the employee who has been a victim of violence.
What other work licenses or permits exist?
- Prenatal leave
- Postnatal leave
- Extension of postnatal leave for multiple births or birth of a child with a disability
- 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 leave
- 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
- Absence justified by testimony of witnesses
- Blood donation permit
- License for municipal councilors
2024 holidays in Peru: which ones remain?
- Friday June 7: Battle of Arica and Flag Day
- Saturday June 29: Saint Peter and Saint Paul Day
- Tuesday, July 23: Peruvian Air Force Day
- Friday, July 26: Non-working day for the public sector
- Sunday, July 28: Independence Day
- Monday, July 29: National Holidays
- Tuesday August 6: Battle of Junín
- Friday, August 30: Santa Rosa de Lima
- Monday, October 7: Non-working day for the public sector
- Tuesday, October 8: Battle of Angamos
- Friday, 1 November: All Saints Day
- Friday, December 6: Non-working day for the public sector
- Sunday, December 8: Immaculate Conception
- Monday December 9: Battle of Ayacucho
- Monday, December 23: Non-working day for the public sector
- Tuesday, December 24: Non-working day for the public sector
- Wednesday, December 25: Christmas
- Monday December 30: Non-working day for the public sector
- Tuesday December 31: Non-working day for the public sector
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.
