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Peru - Maternity protection - 2011


LAST UPDATE

28 February 2011

Data quantity

NORMAL

SOURCES


Name of Act

Act. No. 27240 granting Permission for Women to Nurse their Babies, of 22 December 1999 (El Peruano No. 7122, 23 December, p. 181,811), as amended up to Act No. 28731 of 13 May 2006 ( El Peruano, 13 May 2006, No. 9465, p. 318666).

Name of Act

Act No. 27,409 Granting Leave from Work for Adoption, (El Peruano No. 7521, of 25 January 2001, p. 197,681) of 24 January 2001
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Name of Act

Act No. 28 983, Equal Opportunities Act between Women and Mendated 15 March 2007,(El Peruano No. 9773, 16 March 2007 p. 341606-341608).

Name of Act

Supreme Decree n° 009-97-SA Regulation of the Act n°26,790 modernizing Social Security for Health (Reglamento de la Ley de Modernización de la Seguridad Social en Salud Decreto Supremo n° 009-97-SA)

Name of Act

Legislative Decree No. 728 establishing the Act to Encourage Employment, dated 27 July 1995 (El Peruano No. 5519, special number, 18 August 1995, pp. 13, 706-133, 720), as amended up to Supreme Decree No. 003-97-TR dated 21 March 1997.
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Name of Act

Act No. 26,644 determining Extent of the Right to Prenatal and Postnatal Leave for Pregnant Workers, of 19 June 1996 (El Peruano No. 5839, 27 June 1996, p. 140,601) as amended up to Act No. 27,402 of 19 June 2001 (El Peruano No. 7516, 20 January 2001, p. 197,529).

Name of Act

Act No. 26,790 Modernizing Social Security for Health, of 15 May 1997 (El Peruano No. 6166, of 17 May 1997), as amended up to Act No. 28791, of 17 July 2006 (El Peruano, 21 July 2006).

Name of Act

Supreme Decree n° 009-2004-TR of 21 July 2004, regulating the Act N° 28048 Protecting pregnant workers who perform tasks that can harm their health, the normal development of the embryo or the fetus.

Other source used

Act. 27403 issuing the scope of the breastfeeding benefits (Ley 27403, que precisa los alcances del permiso por lactancia materna) of 19 January 2001.

MATERNITY LEAVE


Scope

The scope of this Act extends only to workers in the private sector, but the extent of the right to prenatal and postnatal leave for pregnant workers is not limited to any particular sector.
Legislative Decree No. 728 establishing the Act to Encourage Employment Art.3

Duration


Compulsory leave

45 days after confinement.
Act No. 26,644 determining Extent of the Right to Prenatal and Postnatal Leave for Pregnant Workers Art.1

General total duration

90 days (45 days before and 45 days after confinement).Women workers are entitled to 30 additional days in case of multiple birth. Prenatal leave can be totally or partially deferred and added to postnatal leave if the woman desires. A medical certificate must be provided stating that postponing prenatal leave will not affect the mother or the child.
Act No. 26,644 determining Extent of the Right to Prenatal and Postnatal Leave for Pregnant Workers Art.1
Historical data (year indicates year of data collection)
  • 2009: 90 days (45 days before and 45 days after confinement).Women workers are entitled to 30 additional days in case of multiple birth. Prenatal leave can be totally or partially deferred and added to postnatal leave if the woman desires. A medical certificate must be provided stating that postponing prenatal leave will not affect the mother or the child.
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

If confinement takes places on a later date than expected, the intervening days shall be considered as sick leave for temporary illness.
Act No. 26,644 determining Extent of the Right to Prenatal and Postnatal Leave for Pregnant Workers Art.3

RELATED TYPES OF LEAVE

Relevant provisions on other related types of leave have not been identified.

Adoption leave


Scope

A worker applying to adopt is entitled to leave of thirty calendar days, provided that the child is under 12 years old. If the workers applying to adopt are married, the leave shall be taken by the woman.

No exclusions are made as for categories of workers.
Act No. 27,409 Granting Leave from Work for Adoption Art.1, art.4

Length

30 calendar days provided that the child is under 12 years old.
Act No. 27,409 Granting Leave from Work for Adoption Art.1

RIGHT TO PART-TIME WORK

Relevant provisions on right to part time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

Affiliated women workers in the public and private sector. Independent women workers may become voluntarily insured.
Supreme Decree n° 009-97-SA Regulation of the Act n°26,790 modernizing Social Security for Health Art.7

Qualifying conditions

In order to receive maternity benefits the applicant must be affiliated at least three consecutive months or four non consecutive, during the six months before confinement.
Act No. 26,790 Modernizing Social Security for Health Art.10, art.12(b.1)

Duration

The duration is 90 days (45 before and 45 after confinement, or distributed as the woman chooses). The maternity leave benefits will be extended in 30 aditional days in case of multiple birth.
Act No. 26,790 Modernizing Social Security for Health Art.12(b.2)

Amount

One hundred per cent of the average daily wage for the twelve months preceding the start of benefit. The duration is 90 days (45 before and 45 after confinement, or distributed as the woman chooses).
Act No. 26,790 Modernizing Social Security for Health Art.12(b2)
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of the average daily wage for the four months preceding the start of benefit. The duration is 90 days (45 before and 45 after confinement, or distributed as the woman chooses).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social Security, which is financed by different sources, contributions from the insured, interests, fines, adjustments, investments and other income under the law.
Act No. 26,790 Modernizing Social Security for Health Art.8
Historical data (year indicates year of data collection)
  • 2009: Social Security.
  • 2004: Social security
  • 1998: Social security
  • 1994: n.a.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Care is provided for women during pregnancy and confinement, including the postnatal period, and for new-born babies.
Supreme Decree n° 009-97-SA Regulation of the Act n°26,790 modernizing Social Security for Health Art.12

Financing of benefits

Peruvian Social Security Institute.
Act No. 26,790 Modernizing Social Security for Health Art.3

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

The worker is entitled to one hour each day to breastfeed the child, until the age of 1 year, which may be agreed with the employer. Mothers having given birth to more than one child are entitled to one additional hour per day. Periods of time given over to nursing shall be counted as time worked.
Act. No. 27240 granting Permission for Women to Nurse their Babies Art.1(1,2)

Remuneration of nursing breaks

Nursing breaks are paid.
Act. 27403 issuing the scope of the breastfeeding benefits Art.1

HEALTH PROTECTION


Dangerous or unhealthy work


General

Pregnant workers are entitled to not to perform any work that can expose them or the fetus to any risk. Temporarily they could perform different tasks or be transferred to other posts.
Supreme Decree n° 009-2004-TR of 21 July 2004 Art.9

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Not to be discriminated on grounds of sex or marital status is a basic right of the workers. National, regional and local government may adopt policies guaranteeing the right to equal conditions of work.
Act No. 28 983, dated 15 March 2007 Art.1,2 and 6(f)

Protection from discriminatory dismissal

Dismissal is null and void if motivated by the pregnancy or occurs at any time during gestation or within 90 days after delivery.
Legislative Decree No. 728 establishing the Act to Encourage Employment Art.29(e)

Results generated on: 27th November 2014 at 10:28:50.
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