The amendment, effective as of December 20, establishes the following:
Amendment to subsection c) of Article 95:
In the case of maternal death during childbirth, during the maternity leave, or within the first three months following childbirth, where the child has survived, the biological father is entitled to special postpartum paid leave. This leave will extend until the end of the third month following childbirth.
The father of the newborn must commit to taking care of the newborn. In situations where the father is not present or does not commit to assuming responsibility for the child, this special leave will be granted to the working person who proves his/her willingness to take care of the newborn.
It should be noted that the National Childhood Welfare Board (PANI in Spanish) will provide swift cooperation in this process and issue a certified resolution for these purposes to the person assuming responsibility for the newborn, upon request.
This special leave will be granted to the father or the person assuming responsibility for the child, provided they are working individuals, regardless of whether the mother was a working individual at the time of her death.
Refer to the published reform in La Gaceta by clicking here.