Ley Contra la Violencia Sexual, Explotación y Trata de Personas (Decreto número ). Congreso de la República de Guatemala. Con fecha 18 de febrero de el Congreso de la República de Guatemala, aprobó el Decreto , Ley Contra la Violencia Sexual. ; Congreso de la República de Guatemala, “Decreto Numero ,” “Mayas Tienen Grandes Valores y Rezagos,” Prensa Libre, August 9,

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Presentation by the employee to the employer of a medical certificate that indicates confinement will take place within the 5 weeks following the signature of this certificate. Not to perform overtime or the reduction of daily work may be considered as one of these measures.

Labour Code Time off pa medical examinations Not expressly provided. Maternity cash benefits are provided to both biological mothers and adoptive mothers. Therefore, as the law stands the obligation would appear to rest with the employer to pay this benefit, according to the Labour Code.

The Labour Code covers adoptive mothers working in the private sectors. Mixed two-thirds social security, one-third employer.

Medical assistance comprises medical, surgical, therapeutic and hospital care during pregnancy, childbirth and the postnatal period. It is not clear whether this post-partum leave is the minimum period of 54 days stipulated for maternity leave after confinement or if it refers to 84 days which is the whole length of the maternity leave. These provisions apply also after confinement, in situations where there is a risk for the mother and the newborn child.

Social Security System, which is financed by different sources: If the child is premature or has to be hospitalised after birth, the mother or the father are entitled to be absent from work for one hour. They also have the right to reduce their working hours up to two hours a day with the proportional reduction of their remuneration. Domestic workers benefit from the special program of social security which have entitled them to healthcare benefits and maternity cash benefits.

Labour Code Protection from discriminatory dismissal It is forbidden to dismiss female workers during pregnancy or breastfeeding period. If the employer does not fulfilled the previous obligation and dismiss the female employee, she is entitled to claim from Labour Judges the reinstatement to her job.


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The employer shall obtain previous authorization from the Labour Judge and to prove the fairness of the reason to dismiss dwl female employee. Nursing breaks shall be remunerated and calculated as time worked. If the results of an assessment of the workplace reveals a possible risk for pregnancy or breastfeeding, the employer shall take the necessary measures to prevent the exposure to this risk, by adapting the conditions of work. By agreement between employers and female workers, the suspension of the contract can be enjoyed guattemala full-time or part time.

Nursing mothers may not be employed on work which involves a significant risk of contamination. Public servants are covered by the Statute of Public Service and its Regulations. In any case, pregnant workers and nursing mothers cannot perform activities involving risk of exposure to agents or conditions which may jeopardize its health or safety, or the fetus or the child. On November 11th, it has been approved a Royal Decree regulating the special labour relation of domestic workers, aimed to renew and modernize the current legislation applying for this category of workers.

Labour Code Leave in case of sickness of the child Not provided. The paternity benefits are incompatible with other sources of benefits for the same period as a result of the paternity leave for the birth, adoption or fostering of one child. Historical data year indicates year of data collection Decree for a healthy maternity No. For all activities liable to involve a specific risk of exposure to agents, processes or working conditions, the employer shall determine the nature, degree and duration of exposure in order to assess any risk to guattemala health of pregnant women, women who have recently given birth, as well as of the foetus.

It is not mentioned in the Organic Law on the Guatemalan Social Security Institution, the payment of cash benefits for adoptive mothers.

Sixteen weeks Extension In case of multiple birth, 2 weeks for each child after the second child. Social Security covers employees. Dismissal is null and void if it is based on any of the grounds of discrimination prohibited by the Constitution or the law and which violate fundamental rephlica and freedoms of the worker.


The worker shall be reinstalled in her job as soon as her condition allows it. The employer may not dismiss women workers during pregnancy or nursing, as they shall be immune from dismissal except for just causes stemming from a serious violation of the obligations laid down in their contract. Every woman worker, during the nursing period, should have available to her a place in which to work for half an hour twice a day during her duties in order to feed her child.

Guatemala – Maternity protection – 2011

It was not possible to obtain further details on these excluded categories. Mixed two-thirds social security, one-third employer When the worker is entitled to social security benefits she will receive an amount in porpotion to her contributions. Up to 3 years unpaid.

One hundred percent There is not express compulsory leave, however, the mother may accumulate the days not enjoyed of pre-natal leave to the post-natal leave period.

Organic Law on the Guatemalan Social Security Institution Labour Code Qualifying conditions In order to be eligible for benefits a woman must have paid contributions for three months out of the six preceding prenatal leave, and she shall not not carry out any other paid work during the period of leave. The Social Security covers employees. The employer shall determine the posts that present no risk to that effect.

Women workers are entitled to a break of one hour, which may be divided into two breaks to nurse their child until 9 months of age.

Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. It is not prohibited.