Through Law No. 147 of 15th April 2020, a “special paid leave” has been granted to every parent working in the public or private sector who has a child in their custody or care, a daughter under eighteen years of age suffering from leukemia, cancer or degenerative disease in serious or terminal condition, granting her the benefit that during their leave they receive one hundred percent of their salary. This law establishes the parameters to consider the serious or terminal state of a disease, instituting as progressive and incurable advanced, which implies that the patient is at least overnight in a hospital, hospice, a residential health center or any other type of medical center.
Likewise, it establishes the requirements that the mother or father must fulfill to make use of this license are the following:
1. Notify the employer, from the entry into force of this Law, the name, surname and degree of kinship of the persons who are in charge, providing the respective birth certificate issued by the National Directorate of Civil Registry of the Electoral Tribunal.
2. Provide the employer with a report issued by the patient’s doctor indicating: to.
a. The full name of the patient, if the condition he is in is severe or terminal, and the type of illness he suffers from.
b. The justification of the need for continuous and permanent accompaniment by the father or mother of the child or adolescent under the age of eighteen.
It is important to note that the term in which this license will be granted is up to three (3) non-extendable months and it is highlighted that during that period of time the worker may not work for another employer or on his own account and once the term expires, the worker must return their job; in case they do not return it will be considered abandonment of the position.
The possibility for canceling this license is considered in two cases (i) due to the death of the patient, or (ii) at the request of the worker or family member in charge.
The worker must notify the decision to use this license fifteen (15) days in advance when a planned medical treatment or scheduled surgery is to be carried out, however, this term will not be mandatory in the case of an emergency or untimely or unexpected illnesses and the worker must notify the employer within a period not exceeding three (3) business days.
Private and public companies must carry out a review with their entire workforce to determine among their employees who will have the right to avail themselves of this license, in order to establish personal and financial strategies so as not to affect the operation of the company or entities.