#Panama 🇵🇦 #BDS_LaborAlert: Termination of Employment Relationship Due to Worker's Retirement
The retirement of a worker in our country involves relevant legal considerations. Firstly, it...
In 2021, Act 238 was published in the Official Gazette, which extended the scope of the maternity leave protection regime to include fathers, commonly known as "paternity leave protection regime." Article 7 of this law stated that it would come into effect the day after the lifting of the state of emergency declared due to the effects of the COVID-19 pandemic.
On Wednesday, July 24, 2024, Cabinet Resolution No. 64, which resolves to "Lift the National State of Emergency," was published in the Official Gazette. This meant that the law extending the maternity leave protection regime to fathers and granting leave in the event of the mother's death, would come into effect from that date.
However, on July 25, 2024, Act No. 439 was published in the Official Gazette, establishing that the paternity leave protection regime would begin on January 1, 2024, making this the official effective date of the paternity leave protection regime.
According to Act 238 of 2021, even if the pregnant woman does not have formal employment, the father will benefit from the maternity leave protection regime, meaning that he cannot be dismissed from his job during the pregnancy and up to one year after childbirth.
This paternity leave protection regime applies in the following cases:
- In the event of the mother's death during childbirth or within twelve months after childbirth.
- When the pregnant woman or the woman within twelve months after childbirth does not have formal employment.
Additionally, this law establishes the father's right to 15 days of vacation, provided that he has accrued them and after completing the mourning period established in the Internal Regulations, in the event of the mother's death during childbirth or in the following days or months.
Finally, it should be noted that this paternity leave protection regime is suspended if there is proof that the pregnant woman or the mother after childbirth obtains formal employment or in the event of the child's death.
Please contact us if you have any additional questions or require assistance on this topic.
