Leave Policy in Peru

Earned Leave in Peru

Peruvian law mandates that employees get earned leave in Peru. This includes:

• You must provide 30 paid annual leaves to employees who have worked for one year.
• The law does not indicate that the number of leaves will increase with longer service periods.
• Depending on the agreement between the employer and employee, these vacation days can be preponed or split into two. The split can be as follows:
  • A 15-day break, which is enjoyable in seven or eight uninterrupted holidays.
  • The remaining days are given in fractions of at least one calendar day but less than seven continuous days.

• The payment for annual leaves must be given to the employees before the vacation period commences.

Maternity Leave in Peru

Expecting mothers can apply for maternity leave in Peru. It outlines the following provisions:

• An expecting mother can avail of 98 paid maternity leaves.
• An employee can take 49 leaves before the birth of their child and another 49 days after birth.
• 30 more days can be availed if childbirth is complicated or in case of premature birth.
• For special cases, like multiple births, these leaves can be extended for at most 120 days.
• To avail of these leaves, an employee must provide supporting medical certificates.
• During the entire pregnancy period, an employee is entitled to free medical care.

Parental Leave in Peru

• There is no provision for parental leave in Peru.

Paternity Leave in Peru

• Paternity leave in Peru is available to all expecting fathers. 
• The government mandates ten paid paternity leaves. 
• If childbirth is complicated or premature, an employee can take 20 paid paternity leave.

Public Holidays in Peru

Employees in Peru enjoy 15 public holidays, as per the Peruvian government regulations. Here is the list of public holidays in Peru:

Sick Leave Policy in Peru

The government provides the following guidelines regarding the sick leave policy in Peru:

• All employees are entitled to 365 paid leaves.
• For the first 20 days, the employer will provide 100% compensation.
• An employer initially has to provide 70% to 80% compensation for the remaining days, which later is reimbursed by social security.
• During the sick leave, an employer cannot terminate their employee.
• The employer can only suspend an employment contract during this time and must provide their staff with mandatory remuneration.

Other leaves in Peru

Bereavement leave

• Employees get at least five days of bereavement leave in Peru. 
• This is available for employees whose parents, spouses, children, or siblings have passed away. 
• To use bereavement leave, employees must notify employers about the start and end date of the leave. 
• At the end of the leave, employees must provide documentation supporting the relationship with the deceased relative, if applicable.

Rehabilitation leave

• Employees are eligible to take rehabilitation leave in Peru. Minor children with disabilities, minors under their guardianship with disabilities, and those designated as support for adults with disabilities are eligible for this leave.
• To apply for leave, employees must submit a request detailing the reasons. It should also have preferred days, and times for using the leave hours.
• Guardians must provide evidence of their guardianship and an attendance certificate.
• Employers may offer:
  • Flexible work hours.
  • Additional leave if needed (beyond the 56 hours yearly).
  • Use of expired or ungranted vacation days.
  • Changes in working hours, shifts, or duties.

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FAQs

Q1: What is the notice period in Peru?

The Peruvian law mandates that employers provide a 6 to 30-day notice period, which depends on the grounds of dismissal. If an employee resigns, then they must provide a 30-day notice period.

Q2: What are the work laws in Peru?

According to the Peruvian work laws, an employee’s regular workweek is 48 hours, or 8 hours a day. The work laws also mandate monthly payrolls, and the minimum national wage is 1,025 PEN per month.

Q3: What are the mandatory benefits in Peru?

Some mandatory employee benefits, according to Peruvian law, include 13th and 14th-month pay, public health insurance, old-age pension, sickness benefits, maternity benefits, and social security contributions.

Q4: What is severance pay in Peru?

Peruvian law states that if an employee is dismissed arbitrarily, severance pay is 1.5 monthly wages per full year of service.