Licencia de maternidad, meaning "maternity license" or "maternity leave," is a protected period of paid leave for pregnant employees mandated by law across all Latin American countries. While the duration and funding mechanisms vary, all countries in the region exceed the ILO's minimum recommendation of 14 weeks.
Duration by Country
Chile offers 24 weeks (6 prenatal + 12 postnatal, extendable to 18 weeks part-time). Colombia provides 18 weeks at 100% salary. Brazil mandates 120 days (approximately 17 weeks), extendable to 180 days for companies in the Empresa Cidadã program. Mexico provides 12 weeks (6 prenatal + 6 postnatal). Argentina offers 90 days (45 pre and post-birth, adjustable). Peru provides 98 days (49 pre and post-birth).
Funding and Job Protection
In most countries, maternity leave salary is paid by the social security system (IMSS in Mexico, EsSalud in Peru, EPS in Colombia), not directly by the employer. However, the employer must advance the payment and seek reimbursement. Dismissing an employee during pregnancy or maternity leave is prohibited in virtually all Latin American countries and results in severe penalties.
EOR Relevance
An EOR manages maternity leave administration including salary payments, social security reimbursement claims, and ensuring the employee's position is protected during leave. They also handle the extension of health coverage during leave and the return-to-work process.