On July 29th, 2022, the Ministry of Labor issued Decree 1427 of 2022, regulating the issuance, recognition and payment of maternity and paternity leaves, as well as common origin sick leaves.

The main changes in the regulation are indicated below:  

• Scope of application. The application of the Decree shall be observed by the health promoting entities, health service providers, employers, affiliates, the Administrator of the Resources of the General Social Security Healthcare System (ADRES), and the Pension Management and Payroll taxes Unit. 

• Maternity leave. For the recognition and payment of the economic benefit derived from maternity leave, it is required that the affiliate proves the following conditions at the time of birth:
  1. To be affiliated to the General Social Security Healthcare System, as a contributor and in active status.
  2. To have made contributions during the months corresponding to the pregnancy period.
  3. To have the maternity leave certificate issued by the physician of the Health Promoting Entity's network or an entity adapted or validated by the latter.
  4. Maternity leave will be paid as long as the total amount of the contributions (corresponding to the pregnancy period) has been paid no later than the date on which the maternity leave begins.

• Paternity leave. 
  1. Paternity leave must be taken during the 30 days following the date of birth of the child or the official handing over of the child that has been adopted.
  2. The employer shall submit to the EPS, no later than 30 days following the date of birth or official handing over of the adopted child, the civil registry of the child's birth.
  3.  For its recognition and payment, it will be required that the individual has made contributions during the months corresponding to the mother's pregnancy period. Otherwise, the proportional recognition of contributions will be made, when contributions have been made for a period shorter than the pregnancy period.

• Sick leave of common origin. For the recognition and payment of a sick leave of common origin, the following conditions must be accredited at the time of the beginning of such leave:
  1. To be affiliated to the Social Security Healthcare System, as a contributor.
  2. To have effectively contributed to the Social Security Healthcare System, at least 4 weeks, immediately prior to the beginning of the sick leave. The minimum contribution time shall be verified as of the contribution payment deadline in which the leave begins.
  3. To have the certificate of sick leave issued by the EPS.

• Other provisions. Likewise, the Decree clarified the recognition of sick leaves of more than 540 days and the periodic review of such leaves.