Parental leave in Colombia: all you need to know
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Parental leave policies are a critical aspect of labor rights, impacting the well-being of families and the development of children. Parental leave in Colombia is governed by specific regulations aimed at supporting both parents during the early stages of a child’s life. This article explores the key aspects of parental leave in Colombia, highlighting the rights and benefits available to new parents.
The basic of parental leave
Parental leave is usually a mandatory benefit which allow new parents to take paid time off. It typically includes maternity leave, paternity leave, breastfeeding leave and adoption leave.
Parental leave is important for several reasons, the main ones being giving time to the mother or first carrier to recover from childbirth and contributes to health and wellbeing by giving time to parents to bond with their children. Promoting parental leave also increase employee retention rates, promote gender equality and helps increase employees’ productivity.
Not only do biological parents qualify for parental leave, but this benefit is also extended to cover adoptive and foster parents. Adoptive and qualified foster parents can take time off work to help their child settle into their new home.
In Latin America, parental leave policies are quite different from a country to another. Check it out ⬇️
Parental leaVe policies in America Latina
What is paternity leave and pay ?
Who is eligible for paternity leave?
In Colombia, paternity leave is available to male employees who meet the following eligibility criteria:
Employment Status: The father must be formally employed and affiliated with the Social Security system (EPS).
Marital or Domestic Partnership: The leave is granted to fathers who are married to or in a recognized domestic partnership with the mother of the child.
Timing: The leave must be taken immediately following the birth of the child. The eight working days of paternity leave are to be taken consecutively and cannot be split or delayed.
Legal Documentation: The father must present the necessary legal documentation to his employer, such as the child’s birth certificate, to validate the claim for paternity leave.
How long is paternity leave in Colombia?
Paternity leave in Colombia is eight working days. Fathers are entitled to take this leave consecutively and immediately following the birth of their child. This period allows new fathers to support their partners and bond with their newborns during the crucial early days.
How to request paternity leave in Colombia?
To request paternity leave in Colombia, follow these steps:
Notify Your Employer: Inform your employer as soon as possible about the expected birth date and your intention to take paternity leave. This can often be done verbally or via email.
Prepare Documentation: Gather the necessary documents to support your leave request. This typically includes:
- A copy of the child’s birth certificate.
- A written request for paternity leave, specifying the dates you intend to take the leave.
Submit the Request: Submit the written request and the birth certificate to your employer. This should be done immediately after the birth of your child to ensure the leave starts without delay.
Follow Up: Confirm with your employer that your request has been received and approved. Make sure to clarify any doubts regarding the start and end dates of your leave.
Inform HR Department: If your company has a Human Resources department, make sure to inform them and provide any additional documentation they may require.
By following these steps, you can ensure a smooth process for requesting and taking paternity leave in Colombia.
Paternity Pay
In Colombia, paternity pay is the full salary that a father receives during his paternity leave. The key points regarding paternity pay are:
Full Salary: Fathers on paternity leave are entitled to receive their full regular salary for the duration of the leave, which is eight working days.
Source of Payment: The payment is covered by the Social Security system (EPS), not the employer. This ensures that the employer does not bear the financial burden of the paternity leave.
Maternity leave in Colombia
Who is eligible for maternity leave?
In Colombia, maternity leave is available to female employees who meet the following eligibility criteria:
Employment Status: The mother must be formally employed and affiliated with the Social Security system (EPS).
Contribution Period: The mother must have made contributions to the Social Security system for at least the minimum required period before the expected date of delivery. Generally, this period is at least four weeks of contributions before the childbirth.
Notification to Employer: The employee must inform her employer about her pregnancy and provide the expected date of delivery, usually through a medical certificate.
Legal Documentation: The mother must provide the necessary legal documentation, such as a medical certificate confirming the pregnancy and the expected date of delivery, to her employer and the Social Security system.
How long is maternity leave in Colombia?
In Colombia, maternity leave is 18 weeks long. This leave can be divided into prenatal and postnatal periods as follows:
- Prenatal Leave: Typically, one week before the expected date of delivery.
- Postnatal Leave: Seventeen weeks after the birth of the child.
Alternatively, if the mother wishes, she can choose to take two weeks before childbirth and 16 weeks postnatally. This flexibility allows mothers to allocate their leave based on their personal and medical needs.
About Maternity Pay
In Colombia, maternity pay is the full salary that a mother receives during her maternity leave. The key points regarding paternity pay are:
Full Salary Compensation: Mothers on maternity leave are entitled to receive their full regular salary for the entire duration of their 18-week maternity leave. This ensures that new mothers have financial stability during this critical period.
Source of Payment: The payment is covered by the Social Security system (EPS), not directly by the employer. This setup relieves employers from the financial burden of maternity leave while ensuring that mothers receive consistent support.
Calculation of Benefits: The compensation is based on the average earnings of the mother during the last year of employment or the period she has been employed if less than a year. This average salary calculation ensures that the mother receives an amount reflective of her usual income
Rights during maternity leave
During maternity leave in Colombia, employees have several important rights designed to protect their job security, health, and financial stability. Here are the key employee rights during maternity leave:
- Protection from Dismissal: Employees on maternity leave are protected from being dismissed.
- Prenatal and Postnatal Medical Care: Pregnant employees have the right to take time off for prenatal medical appointments
- Retention of Benefits: All benefits, such as health insurance and pension contributions, must continue during the maternity leave period. The employer and the Social Security system must ensure that these contributions are maintained.
Breastfeeding Break
Upon returning to work, new mothers are entitled to two half-hour breaks during the workday to breastfeed their child. These breaks are considered part of the workday and are fully compensated.
Adoption leave
For female employees
In Colombia, adoption leave for female employees is structured to provide similar support and benefits as maternity leave for biological mothers.
Female employees who adopt a child are entitled to 18 weeks of leave, similar to biological mothers. The leave begins on the day the child is placed under their care. During adoption leave, adoptive mothers are entitled to receive their full regular salary for the entire 18-week period.
For male employees
In Colombia, male employees who adopt a child are also entitled to leave, although the duration is shorter than that for female employees.
Male employees who adopt a child are entitled to eight working days of leave. This leave must be taken consecutively and immediately following the placement of the child under their care.During adoption leave, adoptive fathers are entitled to receive their full regular salary for the entire eight-day period.
For same-sex partners
In Colombia, same-sex couples have the right to adopt children and are entitled to parental leave, similar to heterosexual couples. Here’s a detailed overview of adoption leave for same-sex partners.
The partner who is the primary caregiver (whether male or female) is entitled to 18 weeks of adoption leave. This leave begins on the day the child is placed under their care. The partner who is not the primary caregiver is entitled to eight working days of adoption leave.
Both the primary and secondary caregivers are entitled to receive their full regular salary during their respective leave periods.
Care leave in Colombia
While Colombia does not have a specific, standardized « care leave » period defined by national labor law, employees can take leave to care for family members based on medical need and employer policies. The exact duration and compensation for such leave can vary.
Manage parental leave in colombia with Europortage
Managing parental leave 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 business incorporation and global hiring, 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.
