Colombia: Constitutional Court to Expand Paternity Leave
The Constitutional Court declared unconstitutional the restrictions that limited paternity leave to cases where the mother, pregnant or breastfeeding, did not have formal employment. This ruling amends Law 2141 of 2021, ensuring paternity leave is granted regardless of the mother’s employment status.
Paternity leave safeguards workers from unjust dismissal when their spouse or partner is pregnant or within 18 weeks of giving birth. In addition to this condition, the mother must not be employed in a formal work relationship at the time of the worker’s dismissal.
In Ruling C-517 of 2024, the Constitutional Court assessed the lawsuit against Article 239 of the Colombian Labour Code (amended by Law 2141 of 2021) and decided to eliminate the restriction. Thus, the scope of paternity leave recognition was expanded to include all cases, regardless of the mother’s employment status.
The plaintiffs argued that this requirement violated the principles of equality, non-discrimination, and decent work, leaving workers whose partners were formally employed without protection. In its decision, the Court considered these arguments, examining direct and indirect discrimination issues. It also clarified the scope of paternity leave and job stability protections and outlined the rules to uphold workers’ rights.
This ruling represents a shift toward stronger protection and greater parental stability, aligning with other key jurisprudential decisions that have shaped Colombian labour law. As of this update, the full text of Ruling C-517 of 2024 has not yet been published; however, the Constitutional Court’s Press Release No. 534, dated December 4 and 5, 2024, is available for consultation.
For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net
For more information, please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.
