On October 21 of this year, the Legislative Assembly approved, in a second debate, the “Law to Create Paid Leave for the Death of Relatives of Workers, to Protect the Right to Grieve,” processed under legislative file No. 23.929. This law introduces a new item, (l), to Article 69 of the Labor Code.
This new provision imposes an obligation on employers to grant paid leave to workers in the event of the death of relatives, as follows:
- Leave for Death of First-Degree Relatives
A paid leave of three working days is mandatory in the event of the death of relatives in the first degree of consanguinity or affinity.
In the case of the death of a partner in a de facto union or any of their first-degree relatives, in addition to proof of death, the worker must present a sworn declaration confirming a public, notorious, stable, and exclusive cohabitation of two years or more, with legal capacity to marry.
- Leave for Death of Second- and Third-Degree Relatives
A paid leave of one working day is mandatory in the event of the death of relatives in the second and third degree of consanguinity and affinity.
According to the new law, the following relatives are recognized in their respective degrees of consanguinity and affinity:
- First Degree of Consanguinity or Affinity: Spouse, parents, children, parents-in-law, sons-in-law, and daughters-in-law.
- Second Degree of Consanguinity or Affinity: Grandparents, siblings, grandchildren, and brothers/sisters-in-law.
- Third Degree of Consanguinity or Affinity: Uncles/aunts, nephews/nieces, great-grandparents, and great-grandchildren.
The new regulation will take effect upon its official publication in the Diario Oficial La Gaceta. We recommend that companies review and adjust their internal policies on bereavement leave to comply with this new obligation and ensure the fulfillment of the approved days.
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