Employee Holiday & Leave Entitlement in Argentina
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As most of countries, every company and legal employer in Argentina grant paid time off to their employees. Employees acquires the days during the first six month totaling up to 14 days for the full year of work the first year. On top of the employee holiday, you have to add national holidays (15 per year)
Let’s discover more about Employee Holiday & Leave Entitlement in Argentina⬇️
14 days per year (grows with seniority) + 15 public holidays
Holiday entitlement in Argentina
Annual leave, also known as holiday pay or paid time off, allows you to be paid while you take time off work.
Eligibility
All employees and workers in Argentina can take this holiday leave including:
- full-time and part-time employees
- regardless of their seniority, employment qualifications, nature of compensation, and working hours.
Also, part-time employees have the same rights as full-time employees.
Accrual period and rate
Accrual rate
Employees start accruing paid holiday leave from the moment they sign their employment contract. Employees accrue PTO days during the first 6 months of service.
Accrual period
The holiday leave is accrued during the first six months.
Before reaching six months of employment, an employee is eligible to accumulate 1 day of annual leave for every 20 days worked.
Taking a holiday leave
Employees acquire 14 calendar days during the first six months of service. For the purpose of counting holidays, Colombians consider calendar day.
Vacations must be granted between October 1 and April 30 of the following year. It is the employer’s power, in accordance with its power of organization and management of the company, to determine the date on which the employee is to take this leave within the aforementioned period.
The employer must inform the employee in writing of the period in which they will be granted, at least 45 days in advance.
Installments
No. According to art.150 of Law Nº20,744, vacations must be enjoyed to the full extent, according to the employee’s seniority.
Holidays must always start on a Monday.
Holiday payment
In Argentina, the employer pays holiday leave. During the holiday leave, employees don’t receive their usual salary (their employment contract is suspended). Instead, they receive a holiday allowance.
The payment received during vacation aligns with the basic salary that the employee was earning on the day the leave began. For employees with variable earnings, the annual leave payment is determined by calculating the average salary earned in the year before the start of the annual leave.
The payment must be done on the first day of PTO at the latest.
Carrying over and selling annual leave
Employees in Argentina are able to carry over 1/3 of unused vacation into the following year.
In addtition, vacations must never be compensated with any remuneration, i.e. the employer must grant to the employee the total amount of day off he has accumulated.
Payment of Accrued, Unused Vacation on Termination
An employer must pay all accrued, unused holiday leave (holiday indemnity) unless termination was due to serious and gross misconduct.
Public holidays in Argentina
Find below the list of 2024 Public holidays:
Public holidays
Mandatory holiday are:
- New Year’s Day (Jan 1)
- Carniva (Feb 12 & 13)
- Day of Remembrance for Truth and Justice (March 24)
- Day of Veterans and Fallen of the Malvinas War (April 2)
- Good Friday (Friday before Easter Sunday)
- Labour Day (May 1)
- Independence Day (July 9)
- San Mart (Aug 17)
- Saint Peter and Saint Paul (June 29)
- Declaration of Independence (July 20)
- Battle of Boyaca (Aug 7)
- Assumption Day (Aug 15)
- Columbus Day (Oct 12)
- All Saints’ Day (Nov 1)
- Independence of Cartagena (Nov 11)
- Immaculate Conception (Dec 8)
- Christmas Day (Dec 25)
Sick leave
In Argentina, sick leave provides protections and benefits for employees who are unable to work due to illness or injury.
Employees with less than five years of service are entitled to up to three months (90 days) of paid sick leave. Employees with more than five years of service are entitled to up to six months (180 days) of paid sick leave.
The employer is responsible for paying the employee’s salary during this time.
Employees must provide their employer with a medical certificate from a licensed healthcare professional that verifies the illness or injury and specifies the expected duration of absence.
Parental leave
In Argentina, parental leave includes provisions for maternity leave, paternity leave, and adoption leave, each with specific regulations to support parents during the early stages of their child’s life.
Maternity leave
Female employees are entitled to 90 days (approximately 13 weeks) of maternity leave.
Paternity Leave
Male employees are entitled to two consecutive days of paid paternity leave.
Check out how does parental leave works in Argentina.
Other leaves in Argentina
Bereavement leave
Employees are entitled to three consecutive days of paid leave in the event of the death of an immediate family member. Immediate family members typically include a spouse, children, and parents.
For the death of other close relatives, such as siblings, the duration of bereavement leave is usually one day.
Marriage Leave
Argentina Labor law grants 10 consecutive days of paid leave for employee’s wedding. This is a statutory right.
Study leave
Employees who are pursuing studies and need time off for exams can take 2 days of paid leave per exam, up to a maximum of 10 days per year.
Voting leave
Legal employers in Argentina must provide their employees with two hours of paid leave to vote on election day.
Manage Employee Holiday & Leave Entitlement in Colombia With Europortage
Manage employee Holiday & Leave Entitlement in Argentina is complex especially when it comes to compliance. That’s why we recommend working with a direct and local partner like Europortage.
Our team of local experts is on hand to support you throughout the entire employee lifecycle, including time-off management. We can give you clear advice on local holiday and time-off regulations, in addition to handling employment contracts, payroll, and benefits. That way, you can focus on growing a world-class team and business.
Get in touch to find out more and start hiring top talent in Latin America!
