Ministry of Health and Social Protection issues Decree 2126 of December 12, 2023, through which it establishes the mechanisms for the issuance, recognition, and payment of social security economic benefits such as; maternity leave, paternity leave, parental leave, as well as disabilities of common origin, with the incorporation of the benefit provided by the General Health System in paid leave for the care of minors suffering from a terminal illness or condition; Below, you will find a summary of the most relevant points of this decree: 

(i) The Ministry of Health and Social Protection will define an information system on disabilities and licenses through a WEB Portal, which allows the traceability and flow of resources, is under development. 

(ii) Attending physicians or dentists must be registered in the ReTHUS (Registro Único Nacional Especial de Talento Humano en Salud) in addition they must be assigned to an authorized health service provider.

(iii) Disabilities issued by the doctor or dentist not attached to the health service provider network of the health-promoting entity will be validated by the entity to which the contributor is affiliated, and their presentation for validation in the entity must be made within 15 days following their issuance, attaching the epicrisis or medical history with the application.

(iv) Recognition and payment of maternity leave:

• The contributor must be affiliated with the social security system in an active state. 
• Have made contributions that correspond to the management period.
• Have a maternity leave certificate.

(v) Recognition and payment of maternity leave for adoption:

• The contributor must be affiliated with the social security system in an active state.
• The recognition and payment of the adoption leave will be the responsibility of the health-promoting entity. 
• And the conditions for same-sex couples are described.

(vi) Recognition and payment of maternity leave by extension:

• Maternity leave by extension is given to the father, due to illness, abandonment, or death of the mother and will be compatible with paternity leave.

(vii) Recognition and payment of maternity leave when the worker is self-employed.

• Have made Social Security contributions, including the month in which the leave begins.
• When you have stopped contributing for up to two periods, you will be paid in full for the license.
• When you have stopped contributing for more than two periods, the proportional payment will be made, equivalent to the number of days you have contributed.
• Under no circumstances may the maternity leave of a self-employed worker be paid with an IBC lower than a Minimum Wage. 

(viii) It describes the conditions under which the certificate of maternity leave, parental leave, and disability of common origin must be issued:

• In the case of licenses, the document must be issued by the attending physician within no more than three calendar days following the birth of the minor.
• The certificate of disability must be issued from the moment of the occurrence of the event that gives rise to the disability, except for some specific cases described in paragraph 15 of article 2.2.3.3.2.
• The attending physician or dentist will determine the period of disability and it may not exceed a maximum of 30 days, which may be extended according to clinical criteria, for periods of up to 30 days each.
• An extension of disability is understood to be issued after the initial one due to the same illness or another that is directly related to it, as long as there is no interruption of more than 30 calendar days between one and the other. 

(ix) Issuance of the certificate of maternity leave for adoption or extension:

• The certificate issued by the health-promoting entity must indicate which event corresponds, indicating the name and identification document of the maternity leave due to adoption or extension.

(x) Certificates of maternity leave and disability of common origin or equivalent document issued in another country:

• The contributor has 6 months to apply to the health-promoting entity for validation of the certificate issued in another country.
• The disability, medical history, or epicrisis must be duly translated into Spanish and apostilled before the embassy or consulate.

(xi) Paternity leave:

• It must be enjoyed within 30 days of the date of birth of the child or official surrender of the adopted child. 
• The employer must submit within 30 days of the date of birth of the child the civil registry or certificate of the official delivery of the adoption.

(xii) Shared parental leave: 

• The recognition is carried out by the health promotion entity to which the parents of the minor are affiliated and under no circumstances may both parents be recognized simultaneously, except in the case of postpartum illness of the mother duly certified by the doctor.

(xiii) Flexible Part-time parental leave: 

• The recognition and payment will be in charge of the health-promoting entity.
• The agreement entered into between the worker and his or her employee regarding how it is to be enjoyed must be delivered to the health promotion entity.

(xiv) Childcare leave: 

• Leave that will be granted and paid once a year for 10 working days and that may be enjoyed continuously or discontinuously; This leave must be agreed upon between the worker and the employer.
• In addition, the conditions for the recognition and payment of the childcare leave are described.

(xv) This decree describes the conditions for the recognition and payment of other licenses derived from the gestational process, such as: Leave for miscarriage, voluntary termination of pregnancy, or non-viable preterm birth.

• The member shall be entitled to a leave of two or four weeks by medical criteria.
• When birth occurs without the intervention of a health service provider, the mother, and the newborn must go to the medical center within 24 hours to carry out the assessment of the mother and child and issue the corresponding certificate of maternity leave.

(xvi) Certificates of disability of common origin due to events that occurred previously or retroactively, certificates that occurred previously may not be issued except in the following situations:

• Emergencies or hospitalization of the member.
• Memory disorders.
• Catastrophic and terrorist events.

(xvii) Disability of common origin in the vacation period, labor protection, and affiliation with more than one employer, for these cases it is resolved in the following ways:

• During the Vacation Period: The vacation will be interrupted for the duration of the disability and will resume the day after the end of the disability.
• In the period of Labor Protection: There will be no economic recognition and payment of disability of common origin during this period. 
• Disabilities issued to members with more than one employer: The certificate issued will be valid for the worker to legalize his or her situation before each of his or her employers. 

(xviii) Finally, it defines the documents that must be submitted in cases of leave and disability of common origin for the validation, settlement, and payment of economic benefits.

The following document is based on a free interpretation, the content does not constitute labor or social security advice, and the legislation may present changes or updates that may modify what is stated in this document; We invite you to read the attached decree in detail.

See: https://jadelrio.com/storage/Boletines/Colombia/Boletín5/DECRETO2126DEL12DEDICIEMBREDE2023.pdf 

The content of this newsletter is merely informative, that´s why it cannot be used under any circumstances as advice on the matter described in it. If you need advice on any of the aspects discussed, our team of professionals will be willing to assist you. contacto@jadelrio.com