Legislative Branch Broadens Maternity and Paternity Protection Levels

18 March, 2024

The Plenary of the Congress of the Republic has issued an opinion on eight bills, proposing some changes to broaden the maternity and paternity protection and guardianship levels for workers in the country. 


The opinion on bills 1330/2021-CR, 1934/2021-CR, 2127/2021-CR, 2890/2022-CR, 2948/2022-CR, 3317/2022-CR, 4312/2022-CR, and 3514/2022-CR was approved with 116 votes in favor and one abstention, which is ready to be drafted and filed to the Executive Branch. 


  • In this regard, the proposal includes as a cause for suspension of the labor contract with paid leave of absence the permission granted to the pregnant worker to attend her prenatal check-ups, an unregulated situation to date. 
  • Likewise, the protection against dismissal is broadened to female workers with the status of trustworthy or management personnel as long as the dismissal is assumed to be due to pregnancy, childbirth, or breastfeeding when performed at any time during these stages. 
  • Along the same lines, fathers may not be dismissed until their child reaches one year of age and if the mother is unemployed, proposing the reinstatement of employment if dismissal, non-renewal of contract, or acts of hostility. 
  • In workplaces, pregnant women or nursing mothers may request the employer not to perform tasks that endanger their health or the normal embryo development during the pregnancy, which must be certified by the attending physician or during the breastfeeding period. In addition, they may request a change of work modality from presential to teleworking. 

Paternity Leave 

Paternity leave is extended from 10 to 15 days, while for premature or multiple births, it is extended from 20 to 25 days. The five additional days will be subsidized by EsSalud.