Recognition and payment of maternity leave

Conditions for the Recognition and Payment of Maternity Leave to Contributing Employees:

• Be affiliated as a contributing member and in active status in the Health Social Security System.

• Have made contributions during the gestation period and in the month when maternity leave begins.

• When maternity leave is due to adoption, the adoptive mother must meet the affiliation and contribution conditions to the Health Social Security System as of the official date of the child's delivery. The payment of the leave will be the responsibility of the EPS to which the adoptive mother is affiliated.

• For extended maternity leave, that is, for fathers who take charge of the child due to the mother's abandonment, illness, or death, or due to custody, the leave will be recognized by the EPS to which the biological mother is affiliated, provided that she has met the affiliation and contribution requirements to the Health Social Security System.

• For the recognition of the leave, only the contributions made by the contributor during the gestation period will be considered. If contributions have been made for a period shorter than the gestation period, the recognition and payment of the leave will be proportional and equivalent to the number of days contributed in relation to the actual gestation period.

• The recognition and payment of maternity leave must be calculated with a Minimum Contribution Base Income (IBC) of one (1) current legal monthly minimum wage (SMMLV).

Source: Decree 2126 of 2023