Working Mothers in Peru

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 13.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Employer
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? No
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? 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:

Female employees are entitled to a maximum of 90 days of paid maternity leave, including 45 days of pre-natal and 45 days of post-natal leave. In case birth takes place on a date later than expected, the additional days are considered as sick leave for temporary illness.

Maternity leave may be extended up to 120 days in the case of multiple births. The 45 day post-natal leave is obligatory; however if a woman so desires prenatal leave can be deferred, either totally or partially, and added to the post-natal leave. The employee must provide a medical certificate indicating that postponing the prenatal leave might not affect the mother or the child.

In case of adoption, leave of thirty calendar day’s id provided to the worker if the child is under 12 years old. If the couples (workers) who are applying to adopt a child are married, the woman is entitled to take the leave.

Source: §1-3 of the Law No. 26644 of the Extent of the Right to Prenatal and Postnatal Leave for Pregnant Workers; §1 of the Act No. 27409 of Granting Leave from Work for Adoption

Maternity leave is fully paid for the insured worker with at least three consecutive months or four nonconsecutive months of contribution during six months before confinement. Social Security is responsible to pay the maternity leave benefit to the worker during the term of maternity leave.

Source: §8-12 of Law No. 26790 of the Modernising Social Security for Health

More about parental leave:

There is no provision in the law on paid or unpaid parental leave.