The Executive has issued the regulatory decree of the Maternity Leave Law, which establishes that prenatal leave is the mother's optional leave, which may be taken two weeks before the birth of the child, for which purpose the estimated date of delivery must be determined by the attending physician.
As for postnatal leave, it includes the period of rest that the mother enjoys after the birth of the child, this rest period is 18 (eighteen) weeks. In the event that the mother has chosen to take prenatal leave, the period of leave would be reduced to 16 (sixteen) weeks.
This leave also corresponds to the worker who has a minor under six (6) months of age under his/her care, because he/she has been judicially granted guardianship as a protective measure.
100% of the extension of the above-mentioned leaves will be paid by the worker's social security, and if she does not have it, it will be paid by the employer.
The father shall be entitled to paid leave at the employer's expense for fourteen (14) continuous and uninterrupted days in the event of the birth of the child, which may be used from the moment of delivery.
The regulation also explains that the maternity allowance, which consists of the payment to the working woman on maternity leave, is 100% of the last taxable remuneration immediately prior to the use of the leave, as from the third year of effectiveness of the law.
The period of the subsidy must coincide with the period of pre- and post-natal leave and the payment of the subsidy is subject to the effective enjoyment of the maternity leave established in the Law.
On the other hand, the Social Security Institute is the entity in charge of paying the maternity leave allowance to all female workers affiliated to the social security system who are entitled to it in accordance with the provisions of these regulations.
The table below shows the payout % and the weeks of leave to be granted:
DATE | PERMISSION GRANTED | PAYMENT GRANTED |
30/10/2016 | 18 weeks (126 calendar days) | 75% of Salary |
30/10/2018 onwards | 18 weeks (126 calendar days) | 100% of Salary |
For further information, please contact Perla Alderete (palderete@vouga.com.py) or Walter Vera (wvera@vouga.com.py)