Working Mothers in Guatemala

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 12.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Both employer and 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
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 12 month(s) of life of the child
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 270
What is the wage replacement rate for parental leave? No provision
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:

In accordance with the labour code, female employees are entitled to a maximum of twelve weeks (84 days) of maternity leave including 30 days pre-natal and 54 days post-natal leave. Maternity leave can be extended in case of medically certified illness which is caused by pregnancy or confinement, provided that this period does not exceed three months, counting from the point when leave was taken (In essence, it is actually leave extension of 36 days after availing 54 days post-natal leave).  Extension in maternity leave is not provided in case of multiple births.

In case of adoption, female workers are entitled to post-partum leave on providing all the documents to the employer, certifying that adoption has had taken place.

Source: §152 of the Labour Code 2001

Maternity leave is fully paid for an insured female worker who has paid contributions for three months in the six months preceding prenatal leave provided that she is not engaged in any other paid work during the period of leave. Two third of the basic salary is covered by the Social Security and one-third by the employer. If a worker is not registered with the Social Security, full salary is paid by the employer.

Source: §152 of the Labour Code 2001; §28 & 38 of the Decree No. 295

More about parental leave:

Once maternity leave has exhausted, women workers may avail unpaid leave for up to 9 months to look after the newborn.