PANAMA EXTENDS THE SCOPE OF MATERNITY GRANT OF PRIVILEGES TO INCLUDE THE FATHER

Recently published Law No. 238 of September 15, 2021, extends the scope of maternity privileges to include the father and grants, among other things, vacations in case of death of the mother, to offer some type of stability and protection of the child. 

The extension of the maternity privilege to the father is applicable under the following scenarios:

1. Death of the mother during childbirth or within 12 months after delivery.

In the event of death, the father shall enjoy the privilege until the end of one year from the date of delivery.  In the same way, he will be entitled to 15 days of vacation, if he has acquired the right, which cannot be denied by the employer. 

1. When a woman is pregnant or, within 12 months after childbirth, does not have a formal job.

Under this scenario, the father will enjoy the privilege, and in this sense, he may not be dismissed from his job for the months that the gestation lasts and after the birth, for the term of one year, except in specific cases indicated in the labor regulations.  The scope of the privilege would be suspended: (i) to the extent that it is established that the woman has a formal job; or(ii) in the event of the death of the child.

It is important to note that, to comply with the purposes established in this law, the worker must provide certain documentation that proves one of the two previous cases, which is detailed in the law and determines in turn, the possibility of expanding the requirements through a subsequent regulation to the norm. 

It should be noted that this law will take effect the day following the lifting of the state of national emergency caused by the Covid-19 pandemic.

To review this law, you can access the following link: https://www.gacetaoficial.gob.pa/pdfTemp/29377_A/87261.pdf

We hope this information will be useful to you and in case of any doubt, we are glad to assist you.

By

Carlos Pinto Campos 

CEO - PR Lawyers