The draft labor legislation reform submitted to social partners outlines the Government’s plan to rescind the leave of absence for gestational mourning. Currently, this provision allows a mother to take a three-day leave from work in the event of pregnancy termination.
Under the current Labor Code, a mother is entitled to these three days if she does not take a leave for pregnancy termination, which grants the right to be absent for 14 to 30 days.
The gestational mourning leave can also be taken by the father for up to three consecutive days if the mother is on leave for pregnancy termination.
These absences are considered justified and do not impact the worker’s rights.
With the removal of the gestational mourning leave, the Government aims to introduce a clause to the pregnancy termination leave concerning the worker’s companion, enforcing the “applicable regime for absences to assist a family member.”
This regime allows a worker to take up to 15 days per year for family assistance; however, these absences, while justified, may result in loss of pay.
