Paternity Privilege Law in Effect in Panama

Paternity Privilege Now Effective: Key Details on Law 238 Following Lifting of National Emergency

By: Estefanía Guardia – Lawyer

Law 238, of September 15, 2021, about the extension of the maternity privilege to the father (known as “paternity privilege”), comes into force as a result of the lifting of the National Emergency State declared during the COVID-19 pandemic.

On July 23, 2024, through Cabinet Decree No. 64, the Cabinet Council lifted the State of National Emergency. As a result of the lifting of the State of National Emergency, Law 439 of June 17, 2024, was published on July 25, 2024, which modified Article 7 of Law 238 of 2021 regarding paternity privilege, to make it effective since January 1, 2024.

Before the lifting of the State of National Emergency and the publication of Law 439 of 2024, the paternity privilege was suspended. Below, we set out the content and application of the paternity privilege to clarify the meaning and scope of the Law, to be prepared for its implementation.

Law 238 of 2021 establishes a legal privilege or protection against dismissal in favor of the employed father in the following cases:

1. The death of the mother during childbirth or up to 12 months after childbirth.
2. When the woman in a state of pregnancy does not have a formal job, or if within 12 months after childbirth, does not obtain a formal job.

Consequently, the scope of this protection will be suspended if:

1. It is verified that the woman in gestation or after childbirth obtains a formal job.
2. In cases of the death of the child.

The spirit of the Law is based on ensuring that there will be a stable family income during the first year of the child’s life.

What steps must the employer take to determine whether an employee does indeed have or is protected by the paternity privilege?

A. For cases where the woman in a state of pregnancy or within 12 months after childbirth does not have a formal job:

The employer must ask the employee for documentation that proves this fact, specifically:

• Mother’s pregnancy certificate.
• Copy of the mother’s identity card.
• Certificate from the Social Security Agency showing that the mother does not have a formal job.
• 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.
• Any other documentation that is established by regulation.

B. In cases where the mother dies during childbirth or up to 12 months after childbirth, the employer must request:

• Child’s birth certificate.
• Death certificate of the child’s mother.

Additionally, for cases where the mother has died:

• The employee will be entitled to 15 days of vacation if he has the right to take a vacation, which may not be denied by the employer.
• These vacations will be granted immediately after completing the mourning time established in the Company’s Internal Work Regulations.
  • If the father is working under a defined term labor agreement, the vacation time will be proportional to the right obtained for the time of the agreement.

For any additional questions, please do not hesitate to contact us at [email protected].