Maternity and Paternity Leave in Colombia 2025: Weeks, Requirements, and Protections
## Maternity leave: how many weeks?
In Colombia, maternity leave is 18 weeks (Law 1822 of 2017). It's one of the longest in Latin America.
The weeks are normally distributed as follows: - 1 week before delivery (optional) - 17 weeks after delivery
In the case of a premature birth, the weeks not used before delivery are added to the postpartum period.
In the case of the newborn's death, the mother is entitled to a separate bereavement leave.
Who pays for the leave?
The EPS (health insurer) pays for it, not the employer. However, the employer advances the payment and then gets reimbursed by the EPS.
To qualify, you must have made health contributions during the pregnancy. The Constitutional Court has protected women who contributed for a shorter period but in good faith.
Requirements to claim the leave
- Be enrolled in the health system
- Submit the medical certificate of pregnancy or the birth certificate
- The employer processes the payment with the EPS
If you're in informal work or self-employed, you must contribute as a direct payer and meet the minimum-weeks requirements.
Maternity job protection: the strongest safeguard
Maternity job protection (fuero de maternidad) is one of the most robust labor protections in Colombia:
- It applies from the moment of pregnancy until 6 months after delivery
- The employer cannot fire a pregnant worker without authorization from the Ministry of Labor
- If they fire her without authorization, they must reinstate her and pay wages from the dismissal onward
This protection applies even if: - The contract is fixed-term - The worker is in a probationary period - The employer didn't know about the pregnancy (the Court has ruled the protection still applies)
What if she's fired while pregnant?
If you're fired while pregnant, you're entitled to:
- Reinstatement to your position
- Payment of wages missed
- Payment of the full maternity leave
- Late-payment compensation (if applicable)
A tutela action is the fastest mechanism — judges typically grant reinstatement within a few days.
Paternity leave
Paternity leave in Colombia is 2 weeks (Law 2114 of 2021). It used to be 8 days. The law states the leave can be taken at any point during the baby's first year, not necessarily right after birth.
It's also paid by the EPS, under the same contribution requirements.
Leave in special cases
- Multiple births (twins, triplets): 2 additional weeks per additional baby
- Adoption of children under 7: same leave as a biological birth
- Child with a disability: 2 additional weeks
Breastfeeding
After the leave ends, the mother is entitled to two 30-minute breaks during the workday to breastfeed, for the 6 months following delivery. This cannot be deducted from her pay.
Did your employer refuse to recognize your leave, fire you during pregnancy, or do you have questions about your maternity rights? We can guide you on the actions available.
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