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licencia por maternidad en Argentina

In Argentina, the law of Contract of Work No. 20.744, points out the rights of the pregnant woman worker. The allotted time off-duty before or after a delivery has been the maternity leave.

Be employed, you must pay attention to the fact that this permission does not include the period in which you are looking for to become pregnant. Maternity leave is applied since the verify that you're in a period of pregnancy through a medical certificate.

How long is this license?

In Argentina, this permission for the pregnant worker is perceived for 90 days. A summation of three months that can be enjoyed in two ways:

  • The worker may be absent from your job for 45 days before your possible date of delivery and 45 days after this.
  • You can also work 15 days longer than agreed, to only use the permit before delivery by 30 days. This allows you to have the license for 60 days after having the baby.

With the second option, the worker must ask your attending doctor, who will give you a certificate to confirm that it is in conditions of health for work for a period extended to 15 more days before the probable date of delivery.

Whatever the case, the worker will not be able to combine maternity leave with annual leave, in accordance with what is stated in the law.

Having a birth is premature, the worker will be able to add all the time the permission that he could not use before delivery, and thus have the ability to comply with the 90 days indicated in the law.

What happens at the end of the maternity leave?

The worker has several options:

  • To go back to work. When you return to work, you have by law two half-hour breaks for breastfeeding for one year counted from the date of delivery, may prove to be more time given medical circumstances so require.
  • Be on leave: That is to make use of a license is not paid, you will be asked only if the worker has at least one year of seniority in the company where he works. The duration of the sabbatical will be for a minimum three months and maximum six months. In addition, as a legal requirement, the worker must tell his boss the intended use of this permission, at least two days before the end of your maternity leave. Your employer is not obliged to pay you during that time.
  • Quit your job: a Situation where the employee has the right to a compensation by about 25 per cent of his salary for each year worked.

What if you don't want to go back to my work?

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According to the law when returning from maternity leave must return to employment to the worker. Not wanting to let her rejoin, the legal obligation of the employer is to pay an indemnity for dismissal without cause.

How many days of leave you are entitled to the father?

According to what is said in the law, the father when a child is born, is only entitled to two calendar days of license. However, there are industries, companies or activities that are managed by collective bargaining agreements, agree to extend this permission to give father the benefit of spending more days with your new baby.


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