Change The N To The Maternity Protection Standards E Incorporates The Postnatal Parental

Original Language Title: MODIFICA LAS NORMAS SOBRE PROTECCIÓN A LA MATERNIDAD E INCORPORA EL PERMISO POSTNATAL PARENTAL

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Article 195, be replaced by the following: ' article 195-women workers shall be entitled to a break from maternity leave of six weeks before childbirth and twelve weeks after it. ""

Shall have the right to a paid leave of five days in case of birth of a child, which may use your choice from the moment of birth, and in this case will be continuously, excluding the weekly rest period, or distribute it within the first month since the date of the birth. This permission will also be awarded to the father who is in the process of adoption, and he will be starting from the notification of the decision which provide personal care or welcome the adoption of the child, in accordance with articles 19 and 24 of the Act No. 19.620. This right is inalienable.

If the mother died in childbirth or during the subsequent to this permission, such permission or the rest of it is earmarked for the care of the child will correspond to the father or who may be granted the custody of the minor, who will enjoy the jurisdiction laid down in article 201 of this code and shall be entitled to the allowance referred to in article 198.

The father who is deprived by court judgement of the personal care of the child will lose the right to jurisdiction and allowance set out in the preceding paragraph.

The rights referred to in subsection may not be waived and the work of pregnant and postpartum women is prohibited during periods of rest.

Also, despite any provision to the contrary, shall be kept them their jobs or positions included the period established in article 197 bis during these periods,. "."

(2) in article 196 Intercalanse following subparagraphs fourth, fifth and sixth, new, passing his current paragraph fourth to be seventh: "when birth arises before initiated the thirty third week of gestation, or if the child birth pesare less than 1,500 grams, postnatal rest of the first paragraph of article 195 shall be eighteen weeks."

In the event of births of two or more children, established in subsection first of article 195 postnatal rest period will increase by seven calendar days for each child born from the second.

When concurring circumstances laid down in the fourth and fifth subparagraphs of this article simultaneously, postnatal rest duration will be the one who possess a greater extension. "."

(3) add the following article 197 bis: "article 197 bis.-women workers are entitled to a parental postnatal leave of 12 weeks following the postnatal period, during which it will receive a subsidy whose calculation basis will be the same allowance for maternity leave referred to in subsection first of article 195.

However, worker may return to work once completed postnatal leave, half of its day, in which case postnatal parental leave will be extended to 18 weeks. In this case, shall receive fifty percent of the subsidy that has him in accordance with the previous paragraph and, at least, fifty percent of the fixed allowances set out in the contract of employment, without prejudice to the other remunerations of variable character which is entitled.

Workers exempt from the limit of working hours, in accordance with the provisions of the second paragraph of article 22, may exercise the right established in the preceding paragraph, under the terms of this provision and in accordance with what was agreed with your employer.

To exercise the rights set out in subparagraphs second, third and eighth, the worker must give notice to your employer by certified letter sent with at least thirty days prior to the term of the postnatal period, with a copy to the Labour Inspectorate. To not make this communication, the worker should be exercised their postnatal parental leave pursuant to subsection first.

The employer shall be required to reinstate the employee except that, by the nature of their work and the conditions in which that plays them, the latter only to develop exercising the day serving the worker before your prenatal permission. The refusal by the employer to the partial reinstatement must be based and informed the employee, within three days of received the communication, by registered letter, with a copy to the Labour Inspectorate in the same Act. The worker may claim such refusal before the aforementioned entity, within three working days since knowledge of communication from your employer to take. The Labour Inspectorate will solve if warranted by the nature of work and conditions in which they are exercised or not the refusal of the employer.

Where the employee elects to return to work in accordance with the provisions of this article, the employer must give notice to the body paying the subsidy before the start of the postnatal parental leave.

However, when the mother has died or the father is the personal care of the child by court decision, shall be responsible for this permission and grant set out in the first and second subparagraphs.

If both parents are working, enjoy any of them the choice of the mother, postnatal parental permission, from the seventh week of the same, by the number of weeks indicating this. Weeks used by the father must be placed in the final period of the permit and shall be entitled to the allowance established in this article, calculated on the basis of their wages. Provisions of the fifth paragraph will be applicable to the worker.

Where the father make use of postnatal parental leave, you must give notice to your employer by registered letter sent at least ten days prior to the date that will make use of the Modify permission, with a copy to the Labour Inspectorate. Copy of this communication shall be forwarded, within the same period, the employer of the worker. At the same time, the employer of the father must give notice institutions paying the subsidy corresponding, before the onset of parental postnatal leave which that use.

Derived from the postnatal parental allowance will be financed with charge to fund only benefits family and severance allowance of the decree with force of law N ° 150, of the Ministry of labour and Social Welfare, from 1982.

The employer who prevents use of postnatal parental or any practice arbitrary or abusive in order to make it difficult or impossible to make use of the permission set in the preceding paragraphs, shall be punished by fines to be from 14 to 150 monthly tax units. Any infringement to the provisions of this subsection may be reported to the Labour Inspectorate, entity that may also proceed ex officio in this regard. "."

(4) replace the article 198 by the following: ' article 198-woman that is in the period of maternity leave referred to in article 195, additional breaks and extended term specified in article 196, as well as workers who make use of postnatal parental leave, will receive a subsidy calculated in accordance with the decree with force of law No. 44 " the Ministry of labour and Social Welfare, in 1978, and in article 197 bis. "."

(5) replace the article 200 by as follows: "article 200.-the worker, or the worker who has a minor, by being legally given the custody or personal care as protection, or by virtue of the provisions of articles 19 or 24 of the Act No. 19.620, care shall be entitled to set out in article 197 postnatal parental bis." In addition, when the child has less than six months, previously entitled to a permit and grant for twelve weeks.

At the request of permission, the worker or the worker, as applicable, must accompany necessarily an affidavit having under his custody or personal care to the originator of the benefit, as well as a certificate of the Court extended the custody or personal care of the child as a measure of protection, or under the provisions of articles 19 or 24 Act Nº19.620. "."

(6) replace article 201 with the following: "article 201.-during the period of pregnancy and until one year after expired the rest of maternity, excluded the postnatal parental leave established in article 197 bis, the worker shall enjoy labour jurisdiction and shall be subject to the provisions of article 174." When the father make use of postnatal parental leave of article 197 bis also enjoy labour jurisdiction, for a period equivalent to twice the duration of their permit, for the ten days prior to the beginning of the use of the same. However, this jurisdiction of the father shall not exceed three months.

In the case of women or of men Bachelors or widowers who appear to the Court their willingness to adopt a child in accordance with the provisions of the Act No. 19.620, established in subsection first year period shall run from the date that the judge, through resolution dictated to the effect, these workers to entrust the personal care of the child in accordance with article 19 of Act No. 19.620 or granted tuition in the terms of the third paragraph of article 24 of the same Act.
Notwithstanding the above, cease to void the jurisdiction established in the preceding paragraph since it is enforceable resolution of the judge who decides to put an end to the personal care of the child or that deny the adoption application. Also cease immunity where ruling welcome the adoption be left without effect under other judicial resolution.

If through ignorance of the State of pregnancy or personal care or custody of a minor in the term and conditions set forth in the second paragraph the term of the contract, has been arranged in contravention to the provisions of article 174, the measure shall be without effect and the worker will return to his work, to which just the single submission of the corresponding medical certificate or midwife , either a certified copy of the decision of the Court which have been granted the custody or personal care of the child, in terms of the second paragraph, as the case may be, without prejudice to the right to remuneration for the time in which it has been unduly out of work, if during that time he does not have a right to subsidy. The affected must enforce this right within the period of 60 working days since the dismissal.

However provisions in the first subparagraph, if the term of immunity arises while the woman is enjoying rest maternal or parental leave to refer the articles 195, 196 and 197 bis, will continue receiving the subsidy referred to in article 198 until the conclusion of the period of rest or permission. For the purposes of the unemployment allowance, if any to it, means that labor contract expires at the time which was no longer perceive the maternal subsidy. "."