Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

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The Committee notes the Government’s indication in its report that it promulgated Acts Nos 1822/2017 and 2114/2021, promoting appropriate early childhood care and amending the corresponding sections of the Labour Code, increasing the period of maternity and paternity leave and also establishing shared parental leave and part-time flexible parental leave.

Article 3(b) of the Convention. Duration of prenatal leave. The Committee notes the Government’s indication in reply to its previous comments that the adoption of Act No. 1822/2017 amended section 236 of the Labour Code to extend the period of maternity leave to 18 weeks, up to two weeks of which can be taken before the date of childbirth. The Committee notes the Government’s indication that Colombia has attached more relevance to the period of postnatal leave with the aim of facilitating family integration and the recovery of the mother’s health and, in the event that the worker requires prenatal leave in excess of two weeks, she is covered by social security under the heading of sick leave. The Committee welcomes the positive modifications relating to the extension of maternity leave. In this context, the Committee requests the Government to provide information on any additional measures aimed at ensuring that pregnant women can be absent from work up to six weeks before the presumed date of childbirth, in accordance with the conditions established by Article 3(b) of the Convention.

Article 3(c). Provision of benefits to women who do not fulfil the conditions for entitlement to such benefits. The Committee takes note of the information provided by the Government in reply to its previous comments, particularly of the ruling T-1223-08 handed down by the Constitutional Court of Colombia, according to which, when pregnant workers have not paid social security contributions for ten weeks or less during the entire period of pregnancy, they shall receive full maternity cash benefits and, if contributions have not been paid for more than ten weeks, cash benefits shall be paid proportionally according to the number of weeks contributed in relation to the period of pregnancy. The Committee also notes that, regarding the employer’s liability in cases of non-contribution or late contributions, maternity cash benefits are granted in full provided that the debt was paid with interest before the date of confinement. In case of persistent debt, late payments rejected by the social security system or non-compliance with any of the legal requirements, the Committee notes that the employer becomes directly liable for the payment of maternity cash benefits.