Can Colombian Women Be Fired While On Maternity Leave?

Colombia’s parental leave system is governed by specific regulations to support both parents during the early stages of a child’s life. Law 2114 of 2021 introduced three main changes to both maternity and paternity leaves, including an extension of paternity leave. Women are entitled to 14 weeks paid maternity leave, which can be taken up to two weeks before the expected date of delivery. One week’s maternity leave is mandatory.

Article 236 of the Colombian Labour Statute states the main dispositions that regulate what is related to maternity, paternity, and all the benefits and conditions that. During pregnancy and the first six months after a birth, women may not be dismissed without fair cause. The Ministry of Labour is entitled to verify the existence of such cases.

In 20 economies worldwide, women have no legal remedies in such cases and can be fired just for being pregnant. Colombian legislation exceeds the minimum of the Convention, granting 18 weeks of maternity leave, guaranteeing economic benefits, and protecting pregnant or breastfeeding employees.

The Labor Code (Codigo Sustantivo de Trabajo) provides special protection for pregnant women, with no worker can be dismissed while pregnant or breastfeeding. Mothers in Colombia are entitled to 18 weeks of fully paid maternity leave, with one week of prenatal leave being mandatory. An employer may dismiss an employee without cause by paying an indemnity, but if the contract is terminated for cause, the employer is not obliged to pay. It is illegal for an employer to dismiss a female employee during her maternity leave and nursing period.

What are the leave laws in Colombia?

Colombian law allows employees to take 15 days of vacation leave after one year of employment, with a minimum of six days off per year. Unused vacation days can roll over for up to two years, and employees can request compensation for up to half of their unused days. If an employee gets sick, the employer pays 100 of their minimum monthly salary for the first two days, followed by social security covering two-thirds of their salary for 90 days and 50 for an additional 90 days.

Employees injured on the job can receive 100 of their salary. In the event of the death of a parent, in-law, grandparent, sibling, child, or spouse, employees are entitled to five days of paid bereavement leave.

How do I terminate my employment in Colombia?

Employees have the right to end their employment through a written resignation letter, and employers can terminate employment with or without cause. If the contract is terminated without cause, the employer must pay severance pay and accrued benefits, while if it is terminated with cause, the employer must pay the accumulated labor benefits. Employees can work on a trial basis for up to two months, and the employer can terminate the contract without compensation during this period. Internal work regulations are strict rules that employees must follow, and non-compliance can result in fines, penalties, or termination.

Can I be made redundant while on maternity leave?

Employees on maternity leave can be made redundant by their employer if there is a genuine redundancy situation and proper consultation is provided. However, if there is no genuine redundancy situation and the employee is made redundant due to maternity leave, it could be unlawful maternity discrimination. The Equality Commission offers guidance on managing redundancy for pregnant and maternity leave employees in their Pregnancy and Maternity at Work guide for employers. Employees can also find information on their entitlements on the redundancy section of NI Direct’s website.

What is the rule of law in Colombia?

Colombia is a democratic country with a unitary republic, divided into 32 departments and a capital district. The legal system follows civil law tradition. The President serves as both head of state and government, commander-in-chief of the armed forces, and supreme administrative authority. The President is elected for a four-year term, with consecutive reelection not allowed. Colombia’s legal system follows the civil law tradition.

How long is maternity leave in Colombia?

In Colombia, maternity leave is 18 weeks long and can be divided into prenatal and postnatal periods. Prenatal leave is typically one week before delivery, while postnatal leave is 17 weeks after childbirth. Mothers can choose to take two weeks before childbirth and 16 weeks postnatally, allowing flexibility in leave allocation. Maternity pay is the full salary received during leave, with paternity pay being a key point.

What is the right to disconnect in Colombia?

The Colombian Constitutional Court has ruled that labor disconnection is a fundamental human right for all employees, including those in public functions and management roles. The court deemed it a violation of the right to work in dignified and fair conditions when employees are denied this right, impacting aspects such as rest, free time, family and work life reconciliation, health, privacy, and equal treatment.

What is the 183 day rule in Colombia?

A person is considered fiscally resident in Colombia if they stay in the country for an aggregate of 183 days within 365 consecutive days. If they finish in the second year, they are considered resident in the second year. If a Colombian national is a fiscal resident, they can be considered if their spouse or dependants remain in the country for 183 days, 50% of their income is sourced or indirectly in Colombia, 50% of their property or assets are managed in Colombia, 50% of their assets are physically located in Colombia, the tax authority requests proof of fiscal residency in another country, or they have a fiscal residence in a tax haven.

What are the redundancy laws in Colombia?

Those employees who have been in their position for less than one year are entitled to a payment equal to 30 days’ salary, whereas those who have been in their position for a period exceeding one year are entitled to a payment equal to 20 days’ salary for each subsequent year.

What happens if I lose my job while pregnant?

The Pregnancy Discrimination Act prevents employers from discriminating against pregnant women, including not hiring or firing them due to pregnancy. Budget cuts, reorganization, or performance issues are valid reasons to terminate employment, even if the employee is pregnant.

In the case of a pregnant employee, they had to make it work by ensuring they had health insurance coverage. They were already on their husband’s health insurance plan before being laid off, so they didn’t have to worry about COBRA or finding a new plan. If they hadn’t been on their husband’s plan, it would have been easy enough to join.

Anita Bruzzese, an award-winning journalist, specializing in career and workplace issues, recommends getting the latest information from your partner’s human resource department. If that’s not an option, it’s not a bad idea to do COBRA for a month or two before switching over to a private plan or Obamacare (open enrollment for which starts November 15, 2014). Bruzzese also recommends consulting the government website on COBRA for basic information when making your decision on coverage.

What are the labor rights in Colombia?

The Colombian Labor Code allows employees to work up to 47 hours a week, with at least one paid day off every six days, usually Sundays. The Colombian Congress approved a bill to gradually reduce weekly working hours to 42 hours within the next five years, without reducing salary or affecting employees’ rights. Employers can reduce weekly working hours before special shifts are permitted. Overtime is not required for employees to work more than 2 hours per day or 12 hours in a given week.

Overtime during the day is paid at a rate of 25% on top of the ordinary hourly rate, while overtime during the night is paid at a rate of 35% on top of the ordinary hourly rate. Overtime pay for night work is equivalent to 75% on top of the ordinary hourly rate.

What are the gender rights in Colombia?

The Colombian Constitution of 1991 grants women the right to bodily integrity, autonomy, vote, hold public office, work, receive fair wages, own property, receive education, serve in the military, enter into legal contracts, and have marital, parental, and religious rights. Women’s rights in Colombia have been gradually developing since the early 20th century. Women have played a significant role in military aspects, such as Policarpa Salavarrieta, who played a key role in Colombia’s independence from the Spanish empire.

Some indigenous groups, such as the Wayuu, have a matriarchal society where women play a central role. During the colonial era, Colombian women were relegated to housewives in a male-dominated society. Education for women was limited to the wealthy and only allowed to study until middle school in a monastery under Roman Catholic education. In 1934, the Congress of Colombia presented a law giving women the right to study, which generated controversy and further impacted women’s rights in Colombia.