Right to Mourning Leave

Fortunately, on December 3, 2024, the law granting employees paid leave to accompany their loved ones during the loss of a family member was published.

This law amends Article 69 of the Labor Code to include the obligation for employers to provide paid leave in the event of a family member’s death. Previously, this was not a requirement and was left to the employer’s discretion. In some cases, the leave could be granted without pay or even denied.

The number of days of leave depends on the degree of kinship or affinity between the employee and the deceased relative, as shown in the following table:

The law also establishes the requirements for cohabitants in a de facto union to enjoy this leave. They must provide their employer with a sworn statement confirming the death of the cohabitant or one of their first-degree relatives, and attest that they had lived together publicly, notoriously, stably, and exclusively for two years or more, with the legal capacity to marry.

In cases of adoption, the employee must provide their employer with a certification of the administrative or judicial resolution or final ruling proving the start of effective cohabitation with the minor for adoption purposes or final adoption.

It is crucial for employers to review their internal policies if they had previously recognized this benefit for their employees, ensuring compliance with this new mandatory regulation.

For employers who did not have such leave policies in place, they are now required to grant them under the law.

Marcela Acosta
Partner
Quatro Legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.