The maternity leave will apply to the minor’s father and grant him vacation time if the mother dies, according to Law 238 of  2021.

Fathers in the public or private sector can apply to maternity leave, as disposed on the law, if:

• The mother-to-be lacks a formal job during pregnancy, in which case, the father may not be dismissed from his job, except in exceptional circumstances provided for by Law, during the pregnancy and for up to one year after the delivery.
• The mother dies during birth, in which case, the father may not be dismissed from his job for up to one year after the delivery.

Furthermore, the norm states that the employer must grant a vacation period of fifteen days after any bereavement period established in the company’s Internal Labor Regulations if the mother’s death occurs during childbirth or the following days/months.

This norm includes in which cases the maternity leave can be suspended and the requirements for fathers to apply to it.

The Law will become effective the day after the state of emergency due to the COVID-19 pandemic is lifted, which is still currently in place in Panama.

You may access a copy of the Law at the following link.

If you are interested in learning the complete list of requirements, you may contact Gabriela Vásquez López, Labour specialist, at: gvasquez@gala.com.pa