Law 238 of 2021 on Paternity Leave

Law 238 of September 15, 2021, extends maternity leave to the father, applicable to public or private employees, under the following circumstances:

  • For the death of the mother during childbirth or within 12 months after childbirth.
  • When the woman is in a state of pregnancy or within 12 months after childbirth does not have a formal job. During this time, the father may not be dismissed for the months of gestation and then one year after delivery.

Requirements for paternity leave in case the mother does not work

  • Certificate of pregnancy of the mother.
  • Copy of the mother’s identity card.
  • Certificate of the Social Security Fund in which it is evidenced that the mother does not have formal work.
  • Child’s birth certificate.

Requirements for paternity leave in the event of the mother’s death

  • Birth certificate of the child.
  • Mother’s death certificate.

For more details about the law see here.


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Published September 20th, 2021, as Laws on Other by Johana Sum