Maternity protection

Law 2357 of 2024 approved the Convention on the Protection of Maternity No. 183 of the International Labour Organization, which seeks to ensure equity for all women working in the labor sector, guaranteeing and recognizing all rights for both them and their children.

Considerations of the Law:

• In Colombia, a paid leave of 18 weeks is established for pregnant workers or adoptive mothers. Women have a special protection period, which includes the entire maternity period: the pregnancy time, the leave, and the lactation phase. During these periods, the mother has the right to receive 100% of her salary.

• The enhanced special protection covers the pregnancy period, the 18 weeks of maternity leave, and up to 6 months after childbirth for dependent workers.

• Convention No. 183 states that employers must take necessary measures to ensure that pregnant or lactating women do not perform harmful or high-risk tasks for their health or that of their child.

• Article 53 of the Political Constitution establishes the guarantee for women to remain in their positions and prohibits sudden termination during the special protection period of pregnancy and maternity.

• Employers are prohibited from dismissing a woman who is pregnant, on maternity leave, or after having returned, except for reasons unrelated to pregnancy, childbirth, or lactation period.

• Employers must guarantee the right of women to return to their same job or an equivalent position with the same remuneration at the end of maternity leave.

• Article 239 of the Substantive Labor Code establishes that employers must seek permission from the Ministry of Labor, which will verify the existence of just causes, to proceed with the dismissal of a worker during her maternity leave or lactation period, thereby ruling out the possibility that the reason for dismissal is discrimination during the reinforced labor protection period.

Sources:

Political Constitution of Colombia

Substantive Labor Code

Laws 1822 of 2017 and 2357 of 2024