The main purpose of the law is to safeguard the best interest of the minor by protecting him/her when he/she is in a state of vulnerability or defenselessness, and to guarantee in his/her first year of life the conditions of stability that allow his/her adequate development.
The scope of the maternity leave is extended to the father, applied to public and private sector workers, in the following cases:
- Due to the death of the mother during childbirth or within twelve months after childbirth.
- When the woman is pregnant or within twelve months after giving birth and does not have a formal job.
When the woman is pregnant and does not have a formal job, the father will enjoy the scope of the maternity leave, who may not be dismissed from his public or private employment during the months of gestation and after delivery, for a period of one year, except in special cases provided by law. This privilege is suspended if it is proven that the woman during pregnancy or after childbirth becomes formally employed.
If the mother dies during childbirth or in the following days or months, the father of the child will enjoy the scope of the maternity leave until the end of the term of one year after childbirth. In addition, he will be entitled to fifteen days of vacation, as long as he has the acquired right, which cannot be denied by the employer.
The employee must provide the following, in order to take advantage of this leave, under the assumption that the mother does not work:
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- 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 a formal work.
- Birth certificate of the child. The father must present the birth certificate that accredits him as the child’s father, once he returns to work.
- Any other established by regulation.
This law must be regulated.
It should be noted that recently the Executive Branch lifted the state of emergency, therefore, this law comes into effect.
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