Paternity Protection Comes into Effect

Pursuant to Law 439 of 2024, the effective date of Law 238 of 2021 has been modified. This law extends maternity protection to fathers and grants leave in the event of the mother's death.

The new effective date is January 1, 2024.

Here are the key aspects of the protections established by Law 238 of 2021:

• Applicability of paternity protection: This protection applies to all employees in both the public and private sectors under the following circumstances:

1. Upon the death of the mother during childbirth or within twelve months following childbirth.

2. When the woman, during pregnancy or within twelve months following childbirth, does not have formal employment.

• Paternity protection during pregnancy: If the pregnant woman does not have formal employment, the father will enjoy maternity protection. In such cases, the father cannot be dismissed from his employment during the pregnancy and for one year following the birth, without judicial authorization.

• Suspension of protection: The protection will be suspended if it is proven that the woman, either during pregnancy or after childbirth, obtains formal employment or in the event of the child's death.

• Leave entitlement in case of mother's death: If the mother dies during childbirth or in the subsequent days or months, the father is entitled to fifteen days of leave, provided he is eligible. This leave cannot be denied by the employer and will be granted after the mourning period established by the internal regulations.

To comply with and receive the benefits established by the law, the employee must present the required documentation, including certification of the mother's pregnancy, identification documents, a certificate from the Social Security Administration confirming that the mother does not have formal employment, the child's birth certificate, and/or the mother's death certificate (if applicable).