|Does the Law have provisions on maternity leave?||Yes|
|What is the duration of maternity leave?||16.0 weeks|
|Who pays for maternity leave?||Government|
|Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave?||Yes|
|Does the law provide for the right to return to same position after availing maternity leave?||Yes|
|Does the law require that pregnant and nursing workers must not be engaged in harmful work?||Yes|
|Does the law require that pregnant workers be provided free ante and post natal medical care?||Yes|
|Does the law provide for breastfeeding breaks for nursing mothers?||Yes|
|What is the duration of breastfeeding breaks, as provided by the law?||One hour|
|Does the law require parental leave for parents?||No|
|Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options?||No|
To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.
More about maternity leave:
Both the Constitution and the Labour Code provide fully paid maternity leave before and after childbirth. Maternity leave of 16 weeks is granted to the pregnant workers including ten weeks after confinement, provided that the worker must provide a medical certificate specifying her pregnancy and the expected date of delivery. If confinement takes place after the expected date, the maternity leave is extended to the actual date of confinement, and the amount of benefits for compulsory postnatal leave remains the same. The maternity leave was earlier 12 weeks, which has been raised to 16 weeks in 2015 through a Decree. The maternity leave for public service employees is also 16 weeks.
In the case of illness, which, according to a medical certificate, has occurred as a result of pregnancy, the worker is entitled to supplementary prenatal leave, the length of which is determined by regulations. If, after the period of maternity leave has expired, the worker provides a medical certificate stating that she is not able to return to work, then further leave necessary for her recovery is granted to her, during which the employer maintains her job.
Source: §42 of the Constitution of El Salvador; §309 & 312 of the Labour Code 1972, last amended in 2016; Decree no. 143 of 8 October 2015; Decree No. 174 of 2015
Maternity cash benefits are provided to a worker after six months of employment with the same employer and 12 week of paid contribution before the expected date of delivery. An employer is required to pay 75% of the basic wages in advance to a pregnant worker for the entire duration of maternity leave. If an employer is contributing to the Social Security System, this payment is made by Government.
Source: §309(6b) & 311 of the Labour Code 1972, last amended in 2016; §100 of Law No. 1263; §25-26 of the Executive Decree No. 37 issuing regulations for applying the social security system
More about parental leave:
There is no provision in the law on paid or unpaid parental leave.