What is the process and eligibility criteria for taking bereavement leave in Colombia, and how is pay calculated?
In Colombia, bereavement leave for supported employees is 5 business days long. The leave applies in the event of the death of:
- The employee's spouse or permanent partner.
- A relative up to the second degree of consanguinity, including parents, children, siblings, grandparents, and grandchildren.
- A relative in the first degree of affinity, such as in-laws.
- A relative in the first civil degree, such as adopting parents or adopted children.
Payment for bereavement leave is calculated at 100% of the employee's compensation.
To apply for bereavement leave, a supported employee must:
- Submit a formal request for bereavement leave to the employer.
- Provide documentation of the bereavement, such as a copy of the death certificate, to the employer, ensuring it is submitted within 30 days following the bereavement.
- Inform their manager about the leave.
What are the guidelines for emergency leave in Colombia, including length, eligibility, application rules, and pay calculation?
In Colombia, employers must grant employees necessary leaves of absence in the event of a serious domestic calamity, provided that the severity of the situation is duly proven. The law does not specify what constitutes a 'serious calamity' nor does it define the duration of this leave. The application of this leave, including eligibility and pay calculation, is subject to the approval of the customer.
What are the guidelines for Jury Service Leave in Colombia, including length, eligibility, application rules, and pay calculation?
In Colombia, the guidelines for Jury Service Leave are defined as follows:
- Eligibility: Employers must grant paid leave to employees who are fulfilling their legal duty as voting jurors.
- Length and Compensatory Rest: Employees are entitled to one day of compensatory rest within 45 days following the date of the vote.
- Application Rules: Employers are required to provide the necessary paid permits for employees to attend any prior training related to their duty as voting jurors.
- Voter Leave: Additionally, employers must grant an employee who exercises their right to vote an additional half working day of rest in the month following the voting day. To access this benefit, employees must present their electoral certificate.
- Pay Calculation: The leave granted for jury service and voting-related rest days is considered paid leave.
These guidelines ensure that employees can fulfill their civic duties without losing pay.
What are the guidelines for military service leave in Colombia including length, eligibility, application rules, and pay calculation?
The guidelines for military service leave in Colombia are as follows:
- Length: The duration of the leave matches the employee's mandatory military service period. During this time, the leave is unpaid because the employment agreement is suspended.
- Eligibility: Any employee called to fulfill mandatory military service is eligible for military service leave.
- Application Rules: The employment agreement is suspended when an employee is summoned for military service. After completing military service, the employer must allow the employee to resume the same job within 30 days.
What is the process and eligibility criteria for taking unpaid leave in Colombia?
In Colombia, the process and eligibility criteria for taking unpaid leave involve several factors:
- There is no legal specification for the minimum or maximum duration of unpaid leave, allowing the employer and supported employee to mutually agree on a suitable suspension period for the employment agreement. During this time, the employee is not required to provide services, and the employer is not obligated to pay salaries.
- Unpaid leave must be mutually agreed upon by both parties in the employment agreement.
- The employee must initiate the request for unpaid leave, and the employer must continue the payment of most employer contributions during this period.
- The duration of unpaid leave impacts the base calculation for vacation pay, unemployment insurance (“cesantía”), and severance.
To apply for unpaid leave, the following steps should be taken:
- The employer and the supported employee must enter into a suspension agreement.
- The supported employee must receive approval for the days of unpaid leave and notify the HRx Team.
- The days of unpaid leave must be registered in our Global Work Platform™.