ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Colombia - Maternity protection - 2011


LAST UPDATE

03 November of 2011

Data quantity

NORMAL

SOURCES


Name of Act

Resolution n°02400, which establishes Health and Safety in workplaces (Disposiciones sobre vivienda, higiene y seguridad en los establecimientos de trabajo) of 22 May 1979

Name of Act

Act No. 100, which establishes the Integral Social Security System and other Provisions, (por la cual se crea el Sistema de Seguridad Social Integral y se dictan otras disposiciones) of 23 December 1993 (Diario Oficial, No. 41,148, 23 December 1993, pp. 1-27), as amended up to Act n°860 of 26 december 2003

Name of Act

Labour Code, (Codigo del Trabajo), Decree No. 2663, of 5 August 1950 (Diario Oficial, No. 27,407, 9 September 1950, p. 929), as amended up to Decree n° 535 of 24 February 2009 (Diario Oficial n° 47 223, 5 January 2009, p.16)

Name of Act

Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Name of Act

Law No 823 of July the 10th of 2003
Establishing rules on equal opportunities for women

Name of Act

Law No 1438 of January 19 of 2011
Amending the General Social Security System and enact other dispositions)

Name of Act

Agreement 10 of January 18 of 2010 enacted by the Commission of Health Regulation.

Name of Act

Law No 1295 of 2009
Regulating Medical healthcare to children in levels 1,2,3 of Sisben.

Name of Act

Agreement No 03 of 2009 enacted by the Commission of Health Regulation,
on the regimen of Mandatory Health Plan (P.O.S)

Name of Act

Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit

Name of Act

Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.

Other source used

Other source used

Official web-site of the Presidency of the Republic of Colombia

Other source used

Official web-site of the Senate of the Republic of Colombia

Other source used

Other source used

Official web-site of the Fund of Professional risks

Other source used

Constitutional Court of Colombia

MATERNITY LEAVE


Scope

Maternity protection under the Scope of the Labour Code covers all dependent workers in the private sector.
Public Servants are excluded from the scope of application of the Labour Code but have their own special norms that include maternity protection.
Labour Code §1, 236-239

Qualifying conditions

The employee must inform the enterprise of her pregnancy, the presumed date of confinement and the date of commencement of the period of leave and present a medical certificate to the employer upon confinement.
Labour Code §236(1) (3)

Duration


Compulsory leave

a week before confinement
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.
Labour Code

General total duration

Fourteen weeks.
two weeks before and 12 after confinement.
Labour Code §236(1)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. §1
Historical data (year indicates year of data collection)
  • 2009: Twelve weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

In case of multiple or premature birth, the maternity leave is extended up to two(2) more weeks.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. §5
Labour Code

Leave in case of illness or complications

Not provided. However, if the female worker may not reenter to her work once the maternity leave has expired and as consequence of sickness, rules for leave in case of illness will apply.

There is a leave in case of miscarriage or premature stillbirth, female workers are entitled to paid leave for two up to four weeks.
Labour Code §237

RELATED TYPES OF LEAVE


Parental leave

Not provided
Labour Code

Paternity leave


Scope

Male workers.
Labour Code §236(4)
Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.

Qualifying conditions

Upon presentation of a birth certificate.
Labour Code §236(4)
Labour Code

Length

8 days
Labour Code §236(4)

Adoption leave

Applicable to adoptive mothers in private and public sectors.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Scope

All the provisions and guarantees established for biological mothers can be extended to cover adoptive mothers of a child under seven years old. The leave can be extended to the adoptive father without spouse or permanent partner. This provision is also applicable to workers in the public sector.
Labour Code §236(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

Adoptive mothers of a child under seven years of age.
Labour Code §236(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Length

fourteen (14) weeks.
Labour Code §236(1)(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

RIGHT TO PART-TIME WORK


General provisions

Not provided
Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Act No. 100, which establishes the Integral Social Security System §157(2a),207

Qualifying conditions

Payment of contributions during the whole pregnancy.
Act No. 100, which establishes the Integral Social Security System
Law No 1438 of January 19 of 2011
Amending the General Social Security System and enact other dispositions)

Duration

For the normal duration of maternity leave period (14 weeks).
Labour Code §236(1)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Amount

100 per cent.
Labour Code §236(1)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social security.
Act No. 100, which establishes the Integral Social Security System §207
Agreement No 03 of 2009 enacted by the Commission of Health Regulation,
on the regimen of Mandatory Health Plan (P.O.S)
Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit
Historical data (year indicates year of data collection)
  • 2009: Social security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided
Labour Code

Paternity leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Act No. 100, which establishes the Integral Social Security System
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

Birth certificate.
100 weeks of contributions before the recognition of this payment (This qualifying condition may have been modified by a Ruling of the Constitutional Court).
Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Duration

8 days.
Labour Code §236(4)

Amount

100 per cent.
Labour Code §136(4)

Financing of benefits

Social security
Labour Code §236(4)

Adoption leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Adoptive working mothers are entitled with adoption leave and cash benefits.
Labour Code
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

All the benefits and qualifying conditions established for biological mother
apply to adoptive mothers in order to receive cash benefit. Then, contributions to the Social Security System are required for 9 months.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.
Act No. 100, which establishes the Integral Social Security System

Duration

fourteen (14)weeks
Act No. 100, which establishes the Integral Social Security System
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Financing of benefits

Social Security
Act No. 100, which establishes the Integral Social Security System
Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The Compulsory Health Plan for pregnant women will cover health services in antenatal check-ups, birth, post-partum check-ups and care for complaints directly related to nursing without considering the number of contributions made to the system.
Pregnant women belonging to the lowest levels of stratification 1,2,3 are covered by the SISBEN(Social Insurance for unprivileged inhabitants).
Act No. 100, which establishes the Integral Social Security System §166
Law No 1295 of 2009
Regulating Medical healthcare to children in levels 1,2,3 of Sisben.

Financing of benefits

Social security.
Act No. 100, which establishes the Integral Social Security System §166

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Two breaks of 30 minutes each in the working day, without any reduction in wage, until the child has reached the age of six months. The employer shall be bound to grant rest periods more often than those referred to if the female employee produces a medical certificate setting forth the reasons why she requires more frequent breaks .
Labour Code §238(1)(2)

Remuneration of nursing breaks

Breastfeeding breaks should not imply a reduction in wage.
Labour Code §238(1)

Transfer to another post

Not provided.
Labour Code

Nursing facilities

Every employer must establish, in premises adjacent to those where the mother works, a room for nursing or a suitable place for the care of the child .
Labour Code §238(3)

HEALTH PROTECTION


Arrangement of working time


Night work

It is prohibited to employ women for night work in any industrial company. If it is a company composed of members from the same family, the general rule doesn’t appply.
Labour Code §242(1)
Resolution n°02400, which establishes Health and Safety in workplaces §699

Overtime

It is forbidden for pregnant workers to work during night shift for more than 5 hours.
Resolution n°02400, which establishes Health and Safety in workplaces §699

Work on rest days

It is not forbidden.
Labour Code
Resolution n°02400, which establishes Health and Safety in workplaces

Time off for medical examinations

Not provided
Labour Code

Leave in case of sickness of the child

There is established a general leave for family emergencies and its duration will be settled by the internal regulation of the enterprise. Except as other agreed, this leave is unpaid.
Labour Code §6

Dangerous or unhealthy work


Risk assessment

Not expressly provided for pregnant workers, but it is a general duty of employers to guarantee safety at work places and to adopt all the necessary measures to fulfill with this duty.
Labour Code
Resolution n°02400, which establishes Health and Safety in workplaces

» Assessment of workplace risks

Not express provision for pregnant workers, but there is a general duty in head of employers to keep safety at work places.
Resolution n°02400, which establishes Health and Safety in workplaces
Labour Code

» Adaptation of conditions of work

Not expressly mentioned for pregnant workers but there is a general duty of safety at work places in the head of employers.
Labour Code
Resolution n°02400, which establishes Health and Safety in workplaces

» Transfer to another post

Not expressly provided
Labour Code

» Paid/unpaid leave

If the female worker shall be absent from work because of illness during pregnancy or after the end of her maternity leave, general rules for leave in case of sickness apply.
Labour Code
Act No. 100, which establishes the Integral Social Security System

» Right to return

It is not expressly provided that female workers are entitled to return to the same job they were performing before leave. Nevertheless, it is established in the Labour Code that employers shall not vary unilaterally the terms of contract of employment.
Labour Code

Particular risks

It is prohibited to employ women underground in mines, and, in general, in dangerous or unhealthy work or work requiring great effort . It is also prohibited to employ women in jobs where they are exposed to certain chemical agents, radioactive or ionizing substances, among others. Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Labour Code §242(3)
Resolution n°02400, which establishes Health and Safety in workplaces §696, 700

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n°02400, which establishes Health and Safety in workplaces §700

» Work involving exposure to biological, chemical or physical agents

It is prohibited to employ women in jobs where they are exposed to certain chemical agents, radioactive or ionizing substances, among others.
Resolution n°02400, which establishes Health and Safety in workplaces §696(a)(b)(c)(d)(e)

» Working requiring special equilibrium

Pregnant women may not do any work that requires them to have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n°02400, which establishes Health and Safety in workplaces §700

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n°02400, which establishes Health and Safety in workplaces §700

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

A woman may not be subject to discrimination of any type, and during confinement shall receive special assistance and protection from the State.
Labour Code §43
Law No 823 of July the 10th of 2003
Establishing rules on equal opportunities for women

Prohibition of pregnancy testing

It is prohibited to demand pregnancy tests in order to hire or during employment. Are authorized to demand pregnancy tests only those employers with high risks activities that can harm the health of a pregnant workers or the fetus.

Resolution 003941 of November 24 of 1994 of the Ministry of Labour.

Protection from discriminatory dismissal

It is prohibited to dismiss any employee because she is pregnant or a nursing mother.
Labour Code §239(1)

Burden of proof

It is presumed that dismissal has been motivated because of pregnancy or breastfeeding when it happens during pregnancy or the three consecutive months to confinement and without the previous authorization of the Labour Inspector.
Labour Code §239
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. §2

Guaranteed right to return to work

The employer is required to keep the job of the worker who is on paid leave under this chapter, or sick leave based on pregnancy or childbirth.
NULIDAD DEL DESPIDO. Modificado por el art. 8o. del Decreto 13 de 1967
§241

Results generated on: 26th October 2014 at 05:25:03.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.