Castellán

We highlight the key news:

1. EXTENSION OF PATERNITY BENEFITS:

Paternity leave: Law 20,312 introduced a progressive extension of paternity leave for private sector dependent workers. This benefit, which was previously 13 days (the first 3 paid by the company and the remaining 10 subsidized by the Social Security Bank - BPS), is expanded according to the following scheme:

- First stage: Since September 2024, workers are entitled to 14 consecutive days of leave paid by the BPS, in addition to the initial 3 days covered by the company, totaling 17 days.

- Second stage: As of January 1, 2026, the leave paid by the BPS will be extended to 17 consecutive days, in addition to the initial 3 days paid by the company, reaching a total of 20 days.

In all cases, the first 3 days continue to be paid by the companies, while the additional days are subsidized by the BPS.

Stability Period and Special Dismissal: Another novelty introduced by the regulation is the creation of a period of job stability for workers in situations related to paternity. A right to special dismissal for paternity is established, which includes compensation equivalent to three months' salary, in addition to the corresponding legal compensation.

This already existing benefit applies broadly to those who have taken paternity leave, special paternity leave, adoption, adoptive legitimization, or any other absence related to paternity recognized by law, regulation, or collective agreement.

The protection covers dismissals occurring within 30 days after the worker's return, unless the employer can demonstrate gross misconduct or that the dismissal is not related, either directly or indirectly, to the condition of paternity.

2. INCLUSION OF HPV TEST IN MEDICAL EXAMS WITH SPECIAL LEAVE FOR FEMALE WORKERS:

Law 20,361 introduced a modification to Law 17,242, expanding the scope of the annual paid leave day granted to public and private sector female workers for preventive medical exams.

From this regulation, the benefit includes not only Pap smear and mammography exams, but also the Human Papillomavirus (HPV) test and other studies recommended by the Ministry of Public Health for the early detection of breast and cervical cancer. The worker must provide credible evidence of having undergone these exams to use the day off.

3. LABOR FLEXIBILITY MEASURES FOR PEOPLE DIAGNOSED WITH ENDOMETRIOSIS:

According to article 2 of Law 20,374, endometriosis is an inflammatory, chronic, and systemic disease, characterized by the presence of tissue similar to the endometrium outside the uterus. This condition can partially or totally affect the autonomy of those who suffer from it, significantly impacting their physical, emotional, and mental quality of life. Therefore, it was established that employers may, at the request of the interested party and in accordance with the recommendations of their treating physician, implement labor flexibility measures for those diagnosed with endometriosis. These measures may involve the adoption of a telecommuting regime, task reassignment, and other reasonable adjustments, always taking into account the particular circumstances of each case.

4. SPECIAL LEAVES FOR PARENTS OF STILLBORN CHILDREN:

Law 20,377 recognized the right of parents of stillborn children to access special bereavement leave (three paid business days in cases of spontaneous fetal death). The death certificate will be considered sufficient proof of the fact, as well as other suitable documents.

Furthermore, it is established that when the pregnancy has a gestation of more than twenty weeks or the fetus weighs more than five hundred grams, they will be entitled to maternity and paternity leaves provided for in the regulations.

In conclusion, in these cases parents will have the right to:

- Bereavement Leave: Three business days.

- Paternity or maternity leave: According to current regulations, established in current regulations, both in the public and private sectors.

Montevideo, January 2025.