Isaac Law: learn about the new paid leave for the care of the childhood

These guidelines in the workplace imply the granting of a PAID LEAVE FOR THE CARE OF CHILDREN and the POSSIBILITY OF TELEWORKING.

Below, we show you some general indicators to keep in mind to determine how this new law should be applied in your company.

What is Paid ChildcareLeave?

Childcare leave is a paid leave granted once a year for a period of ten (10) working days, by mutual agreement between employer and employee, to one of the working parents contributing to the General Social Security System in Health, or to whoever holds the custody and personal care of a minor child suffering from a severe illness or terminal condition.

What is the possibility of teleworking or working at home?

The employee who holds the custody and personal care of the minor child, who suffers from a terminal illness or condition, in agreement with the employer, may request to perform their work under the modality of Telework or failing that work at home, provided that their work or functions can be performed under any of these modalities using information technologies and telecommunications.

This possibility does not preclude the granting of paid childcare leave.

How is the diagnosis and test of incapacity to be benefited by this law?

Medical diagnoses of illness or terminal condition will be subject to the discretion of the attending physician of the respective EPS or whoever takes his place, to which the minor child is affiliated.

In the event of a dispute over the diagnosis of the terminal illness or condition, a second opinion or the opinion of a panel of experts may be required.

The leave will be granted by the employer after certification or incapacity granted by the attending physician who is in charge of the care of the minor child, where the need for accompaniment and clinical diagnosis is recorded.

Disabilities or certifications must be renewed each time the employee makes the request for leave for the care of the child.

Other provisions toconsider:

• The payment of the paid leave for the care of the minor child will be in charge and will be assumed by the respective Administrative Entity of Health Benefit Plans (EPS), or whoever takes its place, to which the worker to whom the license was granted is affiliated. That is, it will be paid by the employer, but with recovery to the corresponding EPS.

• Ten (10) business days of paid childcare leave shall be granted on an ongoing or discontinuous basis, as agreed by the employer and the worker.

• This law begins to take effect from December 30, 2021.