Key Takeaways:
- Employees in Colombia are entitled to 18 weeks of fully paid maternity leave.
- Employers typically pay maternity and paternity leave upfront and are reimbursed through Colombia’s health insurance system.
- Dismissing a pregnant employee or new mother during the protected period generally requires prior authorization from the Labor Inspector and a legally recognized just cause.
Welcoming a child comes with significant leave entitlements for new parents under Colombian labor law, giving them time away from work to bond with their new family addition.
Along with maternity leave, employees may also be entitled to paternity and shared parental leave.
For employers hiring in Colombia, understanding these different types of leave — and their role in the process — helps ensure employees receive the leave they’re entitled to and employers meet local labor requirements.
How Long Is Maternity Leave in Colombia?
Female employees working under a Colombian employment contract are entitled to 18 weeks of fully paid leave.
Maternity leave generally begins one week before the expected delivery date, with the remaining 17 weeks taken after the birth. The exact timing and length can vary in certain circumstances, including when medically necessary.
Adoptive mothers receive the same 18 weeks of paid leave, which starts when the child is placed with the adopting parent.
Who Pays for Maternity Leave in Colombia?
Employers and employees both make regular contributions to the country's health insurance system, Entidad Promotora de Salud (EPS), which funds maternity and paternity leave payments.
Employers continue paying the employee during maternity leave and then seek reimbursement from the EPS.
The amount reimbursed can depend on the employee’s health insurance contribution history. If she hasn’t contributed throughout the pregnancy, the EPS may cover only part of the maternity leave pay, so employers should double-check the employee’s contribution history when preparing for her maternity leave.
Employer Responsibilities During Maternity Leave in Colombia
Although the EPS funds maternity leave, employers must administer it. Key responsibilities include:
- Documentation: Collecting the required medical documentation and submitting the necessary paperwork to the EPS.
- Payroll coordination: Continuing to pay the employee during leave and seeking reimbursement from the EPS.
- Social security administration: Keeping the employee's contributions current throughout the leave period.
- Protecting employment rights: Ensuring the employee can return to the same or an equivalent role, with the same pay and working conditions.
Employment Protections During Pregnancy and Maternity Leave
If an employee is dismissed during pregnancy or soon after giving birth, Colombian law generally assumes the dismissal is connected to her pregnancy or maternity leave. As a result, pregnant employees and new mothers have specific protections against termination that apply throughout pregnancy and for 18 weeks after childbirth.
During this period, an employer must have a legally recognized cause for termination and receive authorization from the Labor Inspector before dismissing an employee.
Without the required authorization, the dismissal may be invalid. The employer could be required to reinstate the employee, pay any wages and benefits she missed, and provide an additional 60 days’ wages as compensation.
Known as the fuero de maternidad, these protections can also apply in certain circumstances related to an employee’s pregnant partner or the birth or adoption of a child.
How Long Is Paternity Leave in Colombia?
Eligible biological and adoptive fathers receive two weeks of paid leave.
As with maternity leave, the EPS funds paternity leave, and employers typically pay the employee and then request reimbursement.
How Does Parental Leave Work in Colombia?
Colombian law gives parents two additional ways to structure their time away from work: sharing part of maternity leave or using some of their leave to work part-time for longer.
Shared Parental Leave
The mother must take 12 weeks of leave after childbirth, but the remaining six weeks can be divided between the parents. This doesn’t reduce the father’s separate paternity leave entitlement.
Flexible Part-Time Parental Leave
Parents can also extend their maternity or paternity leave over a longer period by returning to work part-time. For example, two weeks of full-time leave could be spread out across four weeks, with the employee working a reduced schedule.
Manage Maternity and Parental Leave in Colombia With RemoFirst
Detailed rules around pay, administration, and job protection govern maternity and parental leave in Colombia. And that’s just one small area of Colombian employment law international employers need to get right. Colombia also has requirements for minimum wage, paid time off, 13th-month pay, and more.
For employers new to hiring in the country or working with a lean HR team, keeping track of it all can be overwhelming — and potentially costly if something goes wrong.
RemoFirst takes that complexity off your plate. Through our Employer of Record (EOR) service, we manage payroll, statutory benefits, leave, and other local employment requirements, backed by expertise in Colombian labor law. And because RemoFirst serves as the local employer, your company can employ workers without the time and expense of setting up a Colombian entity.
Ready to employ in Colombia without managing local employment requirements alone? Schedule a demo to learn how RemoFirst can help.
Frequently Asked Questions
Is maternity leave mandatory in Colombia?
Yes. Eligible employees are entitled to paid maternity leave under Colombian labor law. Employers can’t ask an employee to waive this entitlement or replace the leave with regular working time.
Can maternity leave in Colombia be extended?
Yes, in certain circumstances. Additional leave may apply following a premature or multiple birth, with the length depending on the specific situation.
Do employees continue receiving benefits during maternity leave?
Yes. The employment relationship continues during maternity leave, and employers must continue meeting applicable social security and employment requirements while the employee is away.
Can an employee be fired after returning from maternity leave?
Employees continue to have special protection against dismissal for 18 weeks after childbirth. During this protected period, an employer generally needs authorization from the Labor Inspector and a legally recognized just cause before terminating employment.
Do adoptive parents receive parental leave in Colombia?
Yes. Adoptive mothers are generally entitled to the same maternity leave as biological mothers, while adoptive fathers can qualify for paternity leave. Colombia’s shared and flexible parental leave provisions may also apply to adoptive parents if they meet the relevant requirements.
