Law No. 21.474 extending parental postnatal leave

On July 27, 2022, Law No. 21,474 was published, which creates an extraordinary winter bonus and extends parental postnatal leave.

The main aspects related to the extension of postnatal parental leave are as follows:

I. Beneficiaries.

The extension of the parental postnatal leave is intended for workers who are making use of the parental postnatal leave, and whose termination occurs between May 1 and September 30, 2022.

This extension includes those workers who have returned to work, either in person or by teleworking, for the term of their postnatal parental leave between May 1 and July 27, 2022.

In this case, such workers must notify their employer by e-mail or registered letter by August 11, 2022, with a copy to the Labor Inspectorate, expressly stating their intention to avail themselves of the benefit.

If both parents have taken postnatal parental leave, either of them, at the mother's choice, may make use of this extension.

II. Duration of the extension.

The extension of this leave shall be granted on a full-time basis and shall be extended from the day following the end of the postnatal parental leave, for a maximum period of 60 continuous days.

In the case of those workers who meet the above requirements, but are on medical leave, they must wait until the end of this leave to request the extension of this benefit, at which time the 60 continuous days will begin to be counted.

Finally, this leave may not be extended beyond September 30, 2022, regardless of when it was taken.

III. Amount and form of payment of the subsidy.

The amount of the subsidy to be paid during the extension of the postnatal parental leave will be the same as that which the worker has been receiving during the postnatal parental leave contemplated in the law, as well as the form of payment of the subsidy.

In the case of those workers who have returned to work for half a day, the amount of the subsidy for this extension will be the amount that would have corresponded to them if they had made use of the full-time leave.  

IV. Extension of labor jurisdiction.

The labor leave to which female employees are entitled during the period of one year after the expiration of maternity leave will be extended by the same amount as the period of postnatal parental leave.

In the case of the labor leave to which parents who make use of postnatal parental leave are entitled, which is extended for twice the duration of the postnatal parental leave of which they make use, it will also be extended for the same period as the postnatal parental leave is extended in accordance with this law.