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Parental, Maternity, and Paternity Leave in Peru

How long is parental leave in Peru?

In Peru, parental leave provisions include several specific types beyond standard maternity and paternity leaves:

  • For miscarriages or stillbirths occurring between weeks 22 and 30 of gestation, the mother is eligible for leave if the baby survives for 72 hours. If the childbirth occurs after the 30th week, the mother can take the leave irrespective of the baby's survival.
  • In cases of adoption, an employee who adopts a child under the age of 12 is entitled to up to 30 days of paid leave.

These types of leave are in addition to the regular maternity and paternity leave entitlements.

How long is maternity leave in Peru?

In Peru, maternity leave consists of:

  • 49 days before the due date and 49 days after the birth of the baby.
  • If the baby is born after the due date, the intervening days are treated as paid sick leave.
  • The supported employee has the option of using the designated prenatal 49 days after the birth, thus combining the total leave only after the baby is born.
  • In the event of multiple children or a baby born with a disability, the supported employee is entitled to an additional 30 days of maternity leave.

How is maternity leave payment calculated in Peru?

In Peru, maternity leave payment is calculated as follows:

  • The supported employee is entitled to receive 100% of the average daily wage for 4 months following the birth of the baby, subject to a maximum threshold.
  • This payment is covered by the Social Security Health Insurance Program.
  • Additionally, the Social Security Program provides a nursing allowance of 2 times the minimum wage from when the baby reaches 8 months old until 14 months old.

What is the process for applying for maternity leave in Peru?

In Peru, the process for applying for maternity leave includes the following steps:

  • Women are entitled to 90 days of maternity leave.
  • The supported employee must be affiliated with either EsSalud or EPS.
  • The supported employee must notify the employer of the pregnancy and estimated due date at least 30 days in advance.
  • A medical certificate confirming the pregnancy and due date must be presented to the employer.

How long is the paternity leave in Peru?

In Peru, new fathers are entitled to paternity leave as follows:

  • 10 consecutive calendar days for natural birth or caesarean section.
  • 20 consecutive calendar days for premature or multiple births.
  • 30 consecutive calendar days for births where the infant has a terminal congenital disease, severe disability, or if the mother has serious health complications.

Fathers have the option to start their paternity leave on the baby's date of birth, the day the mother or baby are discharged from the hospital, or three days before the expected birth date (with a medical certificate).

If the mother dies during childbirth or maternity leave, the father is entitled to her leave. Fathers can also use their annual leave immediately after paternity leave but must notify their employer at least 15 days before the estimated birth date if they intend to extend their absence using annual leave.

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