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The “Organic Law on the Right to Human Care” (hereinafter, the “Law”) was published in the Official Gazette Supplement No. 309 of May 12th, 2023.

The Law amends and incorporates new rights and obligations for employees and employers. Find below, what you should know about the Law regarding labor matters:

  • Leaves and licenses
    • Leave for human care: The employer must grant the employee an unpaid leave to care for, be taken cared for and selfcare.
    • Unpaid leave for the care of newborns: The period was extended from 12 up to 15 months from the child’s date of birth.
    • Paid paternity leave: The period was extended from 10 up to 15 days, applicable to all types of births (natural or cesarean).
    • Breastfeeding leave: The period was extended from 12 up to 15 months.
    • Adoptive parent´s leave: The period was extended from 15 up to 30 days from the date the child has been legally adopted. In the case of newborns, the paid and unpaid leaves granted to biological parents shall apply. Additionally, adoptive parents are entitled to breastfeeding leave until the child reaches 18 months old.
  • Amendments to the Violet Economy Law:
    • The law abrogates articles 24 and 25 of the Violet Economy Law, which allowed the mother of the child to share maternity and breastfeeding leave with the father of the child.

For more information do not hesitate to contact our Labor Practice Director, Marta Villagómez (mvillagomez@tzvs.ec).

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This publication contains information of general interest and may not constitute a legal opinion on specific matters. Any particular analysis, shall require legal advice from the Firm.