OUTLINE
Employee leave in Colombia
Colombia’s legally mandated maternity and parental leave
Adoption leave in Colombia
Other types of paid time off or leave in Colombia
Public holidays in Colombia
Protect your employees and your business
To attract and retain highly skilled professionals in Colombia, you need to understand their rights when it comes to paid time off. This way, you can offer an attractive and competitive compensation package while ensuring compliance with local labour laws and regulations.
In this guide, we will break down the diverse types of leave mandated by the government, as well as other common non-statutory leave you can choose to offer.
Employees are entitled to 15 days of paid annual leave after completing a year of service. This is on top of the public holidays declared by the government.
There are 18 recognised public holidays in Colombia, which are legally mandated and observed nationwide. It’s important for employers to acknowledge these dates to ensure compliance with local labour laws.
As an employer, you must ensure that all employees are aware of these holiday schedules and their days off. When public holidays fall on a weekend, it may be moved to the following Monday.
Every employee is allowed to accept to 180 days off for illness that is not work-related. During the employee’s absence due to illness, the employer is responsible for paying sick leave for the first two days. After the second day of sick leave, the employer can request reimbursement from the social security system for the payments made.
The social security system covers 66.67% of the pay, but the employer is still responsible for paying from the third day up to 180 days, and they can get reimbursed by the social security system later. These rules also apply to disability leave.
To get paid for the sick leave, employees should obtain a medical authorisation, a document from the Colombian Social Security Authority, to confirm their inability to work.
Female employees in Colombia are entitled to 18 weeks (about 4.5 months) of paid maternity leave. They can take this leave before or after giving birth, but they must take it at least two weeks after the baby is born.
During maternity leave, mothers receive full pay at 100% of their regular salary, funded through the social security system. If a baby is born prematurely or if there are any complications, mothers may be eligible for additional leave.
Employers are not allowed to terminate employees during pregnancy or for a certain time after they return from maternity leave.
Moreover, employers are not allowed to ask female job candidates about their plans for having children or require pregnancy tests, unless it’s necessary for occupational health and safety reasons. Violating this law can result in fines of up to 2,455 tax value units (with the current tax value unit at 36,308 COP), and employers must hire anyone who is required to take a pregnancy test as a condition of employment.
The paternity leave policy in Colombia has been expanded to two weeks from eight (8) days to support new fathers. Under Law 2114 of 2021, a new father can take two weeks of paternity leave.
There is also a provision for shared parental leave, which allows parents by mutual agreement, to transfer the last six weeks of maternity leave to the father. This can either be taken at once or by working half-time during the leave.
These changes aim to provide better support for working families, promote shared responsibilities in childcare, and foster a more equitable environment for gender roles within families.
At the moment, Colombia has only shared parental leave. Through Law No. 2114, it expanded paternity leave and added paid shared parental leave to support new and adoptive parents.
Maternity leave has also been expanded from three (3) months to 18 weeks, of which the last six weeks can be shared with the partner or spouse. The first 12 weeks must be taken by the mother and cannot be transferred.
During this leave, parents typically receive about 100% of their salary, paid by the employer. The shared parental leave can be taken all at once or split into different time periods. Parents can also arrange with their employers to work part-time during their leave.
Mothers can request flexible parental leave starting from the 13th week of their maternity leave, while fathers can apply for it from the second week of their paternity leave. If parents choose to work part-time, they will have a longer period to use their parental leave.
In addition, parents receive protection from job termination during their entire leave period.
Similar to biological parents, adoptive parents in Colombia can receive 18 weeks of paid leave, which can be taken once the adoption is finalised. During the leave, adoptive parents receive their full salary, which is funded through the social security system.
Adoptive parents are also protected from dismissal during the entire leave duration.
Generally, there are other types of leave that are enjoyed by employees in Colombia, such as:
Also referred to as bereavement leave, this allows employees to take time off to cope with the death or serious illness of a family member. Under these circumstances, an employee is entitled up to five days of leave.
In Colombia, employees are entitled to marriage leave up to five (5) days of paid working leave. Typically, it is granted to allow employees to prepare for their marriage and to participate in the celebration without the stress of work obligations.
To benefit from this leave, employees usually need to notify their employers in advance and provide any necessary documentation, such as a marriage certificate.
Some organisations in Colombia offer sabbatical leave, which allows employees to take an extended period off for personal development, travel, or further education. This can be an attractive benefit for long-term employees seeking to recharge or pursue new interests.
Aside from the statutory maternity and paternity leave, some employers offer additional unpaid parental leave to support employees who needed to extend their time off to care for their children.
Some companies in Colombia provide educational leave to support employees pursuing further education or professional training. This can be paid or unpaid and is often used to help employees enhance their skills and advance their careers.
Beyond the statutory sick leave, some employers in Colombia offer additional paid sick leave. This can help employees recover from longer illnesses or surgeries without financial stress.
To encourage social responsibility, some companies provide paid or unpaid leave for employees who wish to engage in volunteer work or community service activities. This fosters a culture of giving back and enhances employee satisfaction.
Employers in Colombia are required to provide paid days off for their employees during the national holidays. There are a total of 18 public holidays throughout the year in the country. And many of the public holidays have a religious or cultural significance. It’s worth to be sensitive to the observance of these traditions and respect employees’ rights to celebrate or honour these days.
In addition, some of these holidays, such as Christmas or Independence Day, have fixed dates, while others may change annually as they are based on the lunar calendar.
Some holidays that fall on a weekend might be moved to the following Monday. This policy is known as the “puente” or “bridge” holiday, which allows for extended weekends. As an employer, you need to keep track of these changes for accurate payroll processing and work scheduling.
When an employee works on a public holiday, they should receive extra payment, often known as “holiday premium pay,” which may be 175% of their usual salary as per the local labour laws. This is on top of the salary they are entitled to for the ordinary workday.
As an employer in Colombia, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risks.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.