Disability Leave in Colombia: Who Pays and for How Long
The Two Types of Disability Leave
Under Colombian law, there are two categories of work-related disability leave, each governed by entirely different payment rules:
1. Non-occupational disability (general illness) The cause is unrelated to work. Payment is the responsibility of the EPS (Entidad Promotora de Salud — the employee's health insurance provider).
2. Occupational disability (workplace accident or occupational disease) The cause is directly related to work. Payment is the responsibility of the ARL (Administradora de Riesgos Laborales — the occupational risk insurer).
Correctly identifying the origin of the disability is essential — a misclassification can be costly.
How Much Is Paid During Disability Leave?
Non-occupational origin (EPS): - Days 1 and 2: paid by the employer at 100% of salary - Days 3 through 90: paid by the EPS at 66.67% of the employee's contribution base salary - Days 91 through 180: paid by the EPS at 50% (which may increase if there is a favorable medical opinion) - Beyond 180 days: the disability assessment process is initiated
Occupational origin (ARL): - From the first day: the ARL pays 100% of the employee's base liquidation income - There is no time limit as long as the disability persists
What Happens If the EPS Fails to Pay on Time?
If you have been waiting more than two months for a disability payment, you have two options:
- Acción de tutela (a constitutional protection action): the most effective and fastest remedy available. Colombian courts have consistently upheld the right to disability payments as an element of the constitutional minimum vital income (mínimo vital).
- Complaint before the Superintendencia de Salud (the health sector regulator): appropriate where the EPS has engaged in a systematic pattern of denial.
An Employer Cannot Dismiss You During Disability Leave
Colombian law provides enhanced job security (estabilidad laboral reforzada) during disability leave. An employer who dismisses an employee on disability leave without prior authorization from the Ministry of Labor (Ministerio del Trabajo) is required to: - Reinstate the employee to their position - Pay all wages lost during the period of unlawful dismissal - Pay a penalty equivalent to 180 days of salary
This protection applies even where the employment contract is fixed-term.
When Disability Leave Exceeds 540 Days
If the disability continues beyond 540 days (18 months), the following process applies:
- The EPS requests an assessment of the worker's loss of work capacity before the Regional Board (Junta Regional de Calificación de Invalidez)
- If the assessed loss exceeds 50%, the worker is classified as having a permanent disability (invalidez)
- The worker may then be entitled to a disability pension through Colpensiones (the public pension fund) or a private pension fund
Key Procedures to Keep in Mind
- Complete medical record: always request your full medical history — it is your right and must be provided free of charge
- Disability certificates: keep all medical certificates, ensuring each one bears a date and official stamp
- Workplace accident report: must be filed within 2 business days following the accident
If your EPS is delaying your disability payments or your employer has attempted to dismiss you while you are on disability leave, we can advise you on the legal remedies available to you.
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