Global Compliance Desk – Peru

Throughout 2018, there have been numerous changes to the labor legislation in Peru. Some of these changes were significantly beneficial to employees and employers with the goals of increasing quality of life and better management of a work-life balance. Employees are now more protected when it comes to issues of labor and employment.

There are many new laws that will affect business and employees including, maternity & paternity leave changes and also changes in paid vacation time usage rules. 

New Laws about Maternity and Paternity Leave

Law No. 30792: This law states that mothers who have taken maternity leave are still entitled to their distribution of profit sharing. It states that 50% will be distributed according to the days worked by each worker, understood as the actual days actually worked. For this purpose, the days of prenatal and postnatal rest of the worker are considered days worked.

It is specified that it is the right of the pregnant worker to have 49 days of prenatal rest and 49 days of post-natal rest. The enjoyment of prenatal rest may be deferred, partially or totally, and accumulated by the natal post, at the decision of the pregnant worker. Such decision must be communicated to the employer at least two months before the expected date of delivery. The days of prenatal and postnatal rest are considered as days actually worked for the purposes of calculating the utilities.

Law No. 30807: Paid paternity leave has been extended from 4 days to 10 consecutive calendar days for natural childbirth or cesarean.  Fathers can also get 30 days paid leave for birth with a terminal congenital disease or severe disability or if there are serious complications with the mother’s health. The paternity leave is granted by the employer to the father for ten (10) consecutive calendar days in the cases of natural birth or cesarean section. In the special cases the term of the license is as follows: 

  • Twenty (20) consecutive calendar days for premature births and multiple births.
  • Thirty (30) consecutive calendar days by birth with a terminal congenital disease or severe disability.
  • Thirty (30) consecutive calendar days due to serious complications in the mother’s health.

The term of the license is computed from the date indicated by the worker among the following alternatives:

  • From the date of birth of the son or daughter.
  • From the date on which the mother or son or daughter is discharged by the respective medical center.
  • From the third day prior to the probable date of delivery, accredited by the corresponding medical certificate, signed by a duly registered professional.

In the event that the mother dies during childbirth or while enjoying maternity leave, the father of the child born will be the beneficiary of such license with the benefit of having, so that it is an accumulation of licenses. The petitioner worker who makes use of the paternity leave will have the right to make use of his vacation rest pending of enjoyment, from the day after the expiration of the paternity leave. The will to enjoy the vacation rest must be communicated to the employer with anticipation no less than fifteen calendar days to the probable date of delivery of the mother.

Vacation Leave Changes

Paid vacation leave law changes are included in Legislative Decree No. 713 and are for employees in the private sector. Leave can now be borrowed from the next vacation period and taken in advance if there is a written agreement between the employee and employer. 

Employees can also divide their vacation period by splitting 15 days of their vacation days into seven or eight consecutive days and the other 15 days can be split into even less time ranging from seven days to one day. This allows employees to enjoy their paid vacation time in a way that will help to promote their work and family life balance. 

Shreya Bhattacharya
ABOUT THE AUTHOR
Shreya Bhattacharya
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
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