Law 238, which extends maternity leave protection to fathers, comes into effect.

Through Cabinet Resolution No. 66-24 of July 23, 2024, the Cabinet Council decided to lift the National State of Emergency declared through Cabinet Resolution No. 11 of March 13, 2020. 

As soon as Cabinet Resolution 66-24 is published in the Official Gazette, Law 238 of September 15, 2021, which extends the scope of maternity leave protection to fathers and grants leave in the event of the mother’s death, will come into effect. 

According to Article 7 of the aforementioned Law 238, it will take effect the day after the country’s state of emergency due to the COVID-19 pandemic is lifted. 

Law 238 of 2021 extends the scope of maternity leave protection in Panama to fathers and grants leave in the event of the mother’s death, as follows: 

• In case of the mother’s death during childbirth or within 12 months after childbirth. 

• When the pregnant woman or within 12 months after childbirth does not have formal employment. 

In these cases, the father will enjoy paternity leave protection and cannot be dismissed without the authorization of a Judge, during the months of pregnancy and after childbirth for a term of 1 year.  

The protection is suspended if it is proven that the pregnant woman or after childbirth, obtains formal employment and in the event of the child’s death. 

In cases of the mother’s death during childbirth or in the following days or months, the father will be entitled to 15 days of vacations, provided he is entitled to them, which cannot be denied by the employer. 

To fulfill and benefit from the provisions established by law, the worker must present official documentation certifying the mother’s pregnancy, the identity card, a Social Security certificate indicating that the mother does not have formal employment, and the child’s birth certificate. 

For more information, please contact our Labor team: [email protected].