Isaac's Law: Paid Child Care Leave

These guidelines in the labor field imply the granting of a REMUNERATED LEAVE FOR CHILD CARE and the POSSIBILITY OF TELEWORKING or HOMEWORKING.

What does the leave consist of?

 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 System of Social Security in Health, or to the one who has the custody and personal care of a minor who suffers from a severe illness or terminal condition.

What is the possibility of teleworking or working at home?

The worker who has the custody and personal care of the minor, who suffers from an illness or terminal condition, by mutual agreement with the employer, may request to perform his work under the modality of Telework or otherwise work at home, provided that his work or functions can be performed under any of these modalities. This will be done through the use of information technology and telecommunications.

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

 How is the diagnosis and proof of disability to be benefited by this law?

The medical diagnoses of illness or terminal condition will be subject to the criteria of the treating physician of the respective EPS or whoever takes its place, to which the minor is affiliated.

In case there is controversy about the diagnosis of the illness or terminal condition, a second opinion or the opinion of a group of experts may be required.

The leave will be granted by the employer prior certification or incapacity granted by the treating physician in charge of the minor's care, stating the need for the accompaniment and the clinical diagnosis.

The incapacities or certifications must be renewed each time the worker requests a leave of absence for the care of the minor.

Other provisions to be taken into account:

• The payment of the paid leave for the care of the minor will be in charge and will be assumed by the respective Administrative Entity of Health Benefit Plans, or whoever takes its place, to which the worker to whom the leave was granted is affiliated. It will be paid by the employer, but with recovery to the corresponding EPS.
• The ten (10) working days of paid leave for the care of the minor will be granted continuously or discontinuously, as agreed by the employer and the worker.
• The present law became effective as from December 30, 2021.