Peru recently introduced new paternity leave legislation, extending leave entitlement for new fathers from four to ten days. This article provides details of this enhanced employment law right.

By: José Antonio Valdez

Firm: Estudio Olaechea

On 5 July 2018, Peru’s changes to paternity leave law (Law 30807, ‘Amendment to Law 29409, granting the Right to Paternity Leave to Employees in the Public and Private Sector’) were published in the Official Gazette, El Peruano. The modifications to paternity leave entitlement are as follows:

  • For natural or caesarean section births, fathers are now entitled to 10 consecutive calendar days of paternity leave, granted by their employer.
  • For premature or multiple births, leave will be granted for 20 consecutive calendar days.
  • For births where the infant is affected by terminal congenital disease or severe disability or where there are serious complications affecting the mother’s health, leave will be granted for 30 consecutive calendar days.

Paternity leave will start on the date chosen by the employee from one of these alternatives:

  • the date of birth of the baby;
  • the date the mother or baby is discharged from hospital;
  • the third day before the expected date of birth, corroborated by a medical certificate.

If the mother dies during childbirth or during maternity leave, the father will take over the mother’s leave entitlement.

Employees who make use of the new paternity leave provisions will also have the right to use their annual holiday leave from the day after paternity leave ends. If they wish to extend their absence from work by using annual leave, this must be communicated to their employer at least 15 calendar days before the probable date of birth.