Through a ruling of October 31, 2012, the Constitutional Court analyzed the lawsuit filed against the term " of consanguinity" specified in Section 10 of Article 1 of Law 1280 of 2009, about the mourning leave.
The Constitutional Court stated that differential treatment was inadmissible for members of families originating in the civil bond, compared to those formed by consanguinity ties. For this reason, the Court finds the referred expression in accordance with our Political Constitution, understanding that it also includes relatives of the employee in the second civil degree. Therefore, the employer is required to recognize paid mourning leave for five working days to the employee in case of death of the employee's spouse, life partner, son, daughter, brother, sister, father, mother, grandfather, grandmother, mother in law, father in law, adoptive father, adoptive mother, adopted son or adopted daughter.
To view the complete text of ruling C-892, 2012 from the Constitutional Court, click here.