On July 29, 2021, the National Government sanctioned Law 2114 through which paternity leave is extended and both shared parental leave and flexible parental leave are created.

The main developments of the regulation are illustrated below:

1. Extension of paternity leave:

a)    Initial extension: Paternity leave was extended from 8 days to 2 weeks.

b)    Progressive extension: This leave will be extended by 1 additional week for each percentage point decrease in the structural unemployment rate, and in no case will it exceed 5 weeks.

The methodology for measuring the structural unemployment rate will be defined jointly by the Ministry of Finance and the Central Bank.

2. Creation of shared parental leave:

a)    What is it? The possibility for the parents to freely distribute the last 6 weeks of maternity leave between them.

b)    Rules and conditions:

• The time of shared parental leave will be counted from the date of birth. Unless the treating physician determines that the mother must take between one or two weeks of leave prior to the probable date of birth or by decision of the mother.
• The mother must take at least the first 12 weeks after the birth, which are non-transferable. The remaining 6 weeks may be distributed between the mother and the father, by mutual agreement between them.
• The father's leave time may not be shortened with the application of this figure.
• In no case may parental leave periods be fragmented, intercalated, or taken simultaneously, except for postpartum illness of the mother, duly certified by a physician.

c)    Payment of the leave: Shared parental leave shall be paid based on the salary of the person who takes the leave for the corresponding period. The employer or EPS shall be responsible for the payment thereof.

d)    Requirements to be met by the beneficiaries of the leave: To enjoy this leave, the beneficiaries must comply with the following requirements:

• The only valid support for the granting of shared leave is the Civil Registry of Birth, which must be submitted to the EPS no later than 30 days after the date of birth of the child.
• There must be mutual agreement between the parents about the distribution of the weeks of leave. Both parents must make a signed document explaining the agreed distribution and submit it to their employers within 30 days after the birth of the child.
• The treating physician must authorize in writing the agreement of the parents to guarantee the mother's and the newborn's health.
• The parents must submit to the employer a medical certificate, which must state: (i) the state of pregnancy of the woman (or a record of the birth of the child); (ii) an indication of the probable day of birth, or the date of birth of the child; and (iii) an indication of the day from which each one's leave would begin.

e)    Premature births / adopted children. Shared parental leave shall also apply with respect to premature / adopted children.

f)    Exceptions. Parents who have been convicted in the last 5 years for the following crimes will not be eligible for the shared parental leave: (i) crimes against freedom, integrity and sexual formations; (ii) crimes against the family (chapter one "of intra-family violence" and chapter four "of crimes against food assistance"); or (iii) parents who have a protection measure in force against them, according to article 16 of Law 1257 of 2008.

3. Creation of flexible part-time parental leave:

a)     What is it? The mother and/or father will have the possibility of opting for a flexible part-time parental leave, in which they will be able to change a determined period of their maternity or paternity leave for a part-time work period, equivalent to double the time corresponding to the selected period.

b)    General characteristics and conditions:

• This leave, in the case of the mother, is independent from the breastfeeding leave.
• Fathers may use this leave before week 2 of their paternity leave; mothers, no earlier than week 13 of their maternity leave.
• Part-time flexible parental leave time will be counted from the date of birth. Unless the treating physician has determined that the mother should take one or two weeks of leave prior to the probable date of birth.
• The periods selected for flexible parental leave may not be interrupted and resumed later. They must be continuous, except in those cases where there is an agreement between the employer and the employee.
• The leave will be remunerated based on the salary of the person who enjoys the leave for the corresponding period. The respective employer or EPS will be in charge of the payment of the leave.
• This leave may also be used by mothers and/or fathers who also make use of the shared parental leave.

c)    Other requirements: To enjoy this leave, the beneficiaries must comply with the following requirements:

• Proof. The only valid support for the granting of flexible part-time parental leave is the Civil Registry of Birth, which must be submitted to the EPS no later than 30 days after the date of birth of the child.
• Agreement between employer and employee. There must be a mutual agreement between employers and employees. The agreement must be accompanied by a medical certificate stating: (i) the woman's pregnancy status or proof of the birth; (ii) the indication of the probable day of birth, or indication of the date of birth; and (iii) the indication of the day from which the corresponding leave would begin.
• This agreement must be consulted with the employer at the latest within 30 days following the birth. The employer must respond to the request within five (5) working days after its submission.

d)    Premature births / adopted children. Flexible part-time parental leave shall also apply with respect to premature / adopted children.

4. Anti-discrimination measures

a)    Pregnancy tests: The requirement of pregnancy tests is prohibited as a mandatory requirement for access to or permanence in any work activity.

• When can it be requested? Pregnancy tests may only be requested, with the prior consent of the employee, in cases where the job to be performed involves actual or potential risks that may adversely affect the normal development of the baby.
• Presumption. It is assumed that any requirement of ordering the practice of a pregnancy test for entering or remaining in any job is presumed to be of a discriminatory nature.
• Medical evaluations. When listing the pre-employment or pre-entry medical evaluations, the employer must indicate that a pregnancy test is not included in them.

b)    Job interviews: Asking questions related to reproductive plans is prohibited in job interviews and shall be presumed to be a discriminatory practice.

c)    Fines: The employer who orders the performance of a pregnancy test as a condition for employment shall be fined up to 2455 UVT (for 2021, COP$ 89,136,140).

d)    Additional sanctions to the employer. The employee who has been forced to take a pregnancy test against what has been established shall be hired for the position to which she aspired.