Article 72 of the Constitution of the Republic of Panama establishes that any woman in a status of pregnancy and after delivery may not be separated from her employment, without just cause, during a period of one year as from the date of her return to work.  Likewise, the Labor Code is clear in stating that the woman during the gestation period and after the birth of the child may not be dismissed without just cause and prior authorization of the jurisdictional authorities in labor matters.

Recently, pursuant to the Law No. 238 of September 15, 2021, the scope of the maternal leave is extended to the father as long as he meets any of the following conditions:

1. If the mother dies during childbirth or within the twelve months after delivery; or
2. If the mother is not formally employed during the gestation period or during the twelve months after delivery.

The recently enacted regulation, which will become effective once the State of Emergency decreed as consequence of the presence of Covid-19 is lifted, protects both public and private sector employees.

In the event of the mother’s demise, either during or after delivery, the father shall have the right, after having taken the days off for bereavement established by the respective internal work regulations, to a period of fifteen days of vacation, as long as he is entitled, without the employer being able to refuse to grant him the paid rest.  While the workers hired for a definite period of time, the right to vacations will be equal to the proportional time corresponding to the date of the mother’s demise.  In order for the father’s rights to be recognized by the employer, in case of mother’s demise, the employer must present the death certificate of the mother and the birth certificate of the child.

On the other hand, if the mother not formally employed during the gestation period or during the twelve months after delivery, the worker claiming the recognition of the paternity leave must submit the following documents to his employer:

1. Certificate of pregnancy of the mother.
2. Copy of the mother’s personal identification card.
3. Certificate issued by the Social Security Fund stating that the mother does not have a formal job.
4. Birth certificate of the minor that accredits the paternity of the worker, which will have to be submitted by the father, once he returns to his work position.
5. Any other documentation established with the regulation of the law.

The Executive Body shall be responsible for the regulation of this law, in order to establish the procedure for the recognition of the father’s rights, as well as the process to be followed in case the employer decides to terminate the labor relationship for any reason during the paternal leave, since Law No. 238 of September 15, 2021 does not establish that the same process established in the Labor Code shall be followed in the case of women who are protected under the maternal leave.