Regulation of Paternity Leave for private sector employees and public servants

Executive Decree no. 83 of Wednesday, December 27, 2017 has been issued to regulate the Law on Paternity Leave, No. 27 of May 23, 2017, applicable to employees of the private sector and public servants.

Maria Teresa Mendoza, expert in labor law and partner of Morgan & Morgan summarizes below the most relevant aspects of the new regulation:

License term and how it applies

• Paternity leave has a term of three (3) working days.
• Said three working days will be computed from the birth of the child, being at the discretion of the employee or public servant to choose using them at a later time.
• In those cases where the employee or public servant is on vacation, hospitalized or incapacitated when the child is born, he is obliged to notify the birth to his employer so, upon expiration of the condition stated, the three (3) working days are computed under the concept of paternity leave.
• For computation of this leave, working days are understood as follows:
  • From Monday to Friday for the private sector and public entities.
  • From Monday to Sunday for public companies or entities working 7 days a week, being understood as non-working day the day of weekly rest of the employee and the compensation day of the employee or public servant for having worked on a Sunday or day of rest.
  • Holidays or national days of mourning stated in the Labor Code or decreed by the Executive Organ shall be deemed non-working days and computation of the paternity leave will start on the following working day.

Procedure

• The employee or public servant will declare in his work contract or personal and dependents form, the name of his wife or partner.
• On returning to work, the employee and public servant shall deliver to his employer or institution where he works, the birth certificate issued by the National Bureau of the Civil Registry of the Electoral Court that certifies him as father of the child.
• When there is a difference between Collective Bargaining Agreements, Internal Labor Rules, collective agreements and paternity leave rights under the Law, the rule or condition most favorable to the employee will apply.
• Days granted as leave shall be construed as time effectively worked for computation of the salary, rights acquired and further labor benefits.

Limitations

• Paternity leaves are granted only once a year.
• The paternity leave is one single period of three days even in case of multiple birth.