The recently published Law No. 238 of September 15, 2021, expands the scope of maternity jurisdiction to the father and grants, among other things, vacations in the event of the death of the mother, in order to offer some type of stability in protection of the minor.
The extension of maternity jurisdiction to the father is applicable under the following scenarios:
1. Due to the death of the mother during childbirth or within 12 months after childbirth.
In the event of death, the father will enjoy the jurisdiction until one year has elapsed from the birth. Likewise, he will have the right to 15 days of vacation, provided he has acquired right, which cannot be denied by the employer.
2.When the woman is pregnant or within 12 months after giving birth, she does not have a formal job.
Under this scenario, the father will enjoy the immunity, and in this sense, he will not be able to be fired for the months that the pregnancy lasts and after the birth, for a period of one year, except in specific cases indicated in the labor regulations. The scope of the jurisdiction would be suspended: i) to the extent that it is proven that the woman has a formal job; or, ii) in the event of the death of the child.
It is important to highlight that, to comply with the purposes established in this law, the worker must provide certain documentation that proves one of the two previous assumptions, the details of which are expressed in the law and determines, in turn, the possibility of expanding the requirements through a regulation after the standard.
It should be noted that this law will come into effect from the day after the state of national emergency generated by the Covid-19 pandemic is lifted.
To review this law, you can access the following link: https://www.gacetaoficial.gob.pa/pdfTemp/29377_A/87261.pdf
We hope that this information is useful to you and if in doubt, we remain at your disposal to assist you.
Written by:
Carlos Pinto Campos
CEO - PINTO & VILLAREAL