Panama introduces the Paternity Jurisdiction

Law 238 of September 15, 2021, which extends the scope of maternity leave to the father and grants vacations in the event of the mother’s death

By means of Law 238 of September 15, 2021, the scope of maternity protection is extended to the father and applies to all public or private employees in the following cases:

1. Due to the death of the mother during childbirth or up to twelve months after childbirth.
2. When a pregnant woman or within twelve months after giving birth does not have a formal job.

When a woman is pregnant and does not have a formal job, the father will be covered by maternity protection and may not be dismissed from his job during the months of pregnancy and after delivery, for a period of one year, except in special cases provided for by law.

This scope of maternity protection will be suspended if it is proven that the pregnant woman or after giving birth has a formal job. Likewise, this scope will be suspended in the event of the death of the child.

In the event of the death of the mother during childbirth or in the days or months following, the father of the child who is employed will enjoy the scope of maternity leave until one year has elapsed from the birth. In addition, he will be entitled to fifteen days of vacation, provided that he has acquired the right, which cannot be denied by his employer. The vacations referred to will be granted after completing the period of mourning established by the internal regulations of the institution or company where he works.

If the father is working under a defined contract, the vacation time will be proportional to the right according to the length of the contract.

In order to comply with the purposes established in this Law, the worker or public servant must provide the documentation established herein, in accordance with each particular case:

Requirements to enjoy the scope of maternity protection under the assumption that the mother does not work:

1. Mother’s pregnancy certificate.
2. Copy of mother’s ID.
3. Certificate from the Social Security Fund showing that the mother does not have a formal job.
4. Child’s birth certificate. The father must present the birth certificate that accredits him as the father of the child, once he returns to work.
5. Any other that is established by regulation.

Requirements to enjoy the scope of maternity and vacation leave in the event of the mother’s death:

1. Child’s birth certificate.
2. Death certificate of the child’s mother.

This Law will come into force on the day after the state of emergency is lifted as a result of the effects generated by the COVID-19 pandemic.

For advice on this and other employment issues, contact us at consultas@stagingcd.com .