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Peru: Paid Leave for Caretakers of the Disabled Implemented

(July 29, 2019) On July 8, 2019, Peru’s Ministry of Labor and Employment Promotion (Ministerio de Trabajo y Promotion del Empleo) issued Supreme Decree No. 009-2019-TR, granting public and private employees the right to take paid leave to care for disabled persons under their care. (Decreto Supremo 009-2019-TR, Concede el Derecho de Licencia al Trabajador de la Actividad Pública y Privada para la Asistencia Médica y la Terapia de Rehabilitación de Personas con Discapacidad, EL PERUANO [EP] (official gazette) June 29, 2019, Government of Peru website; Modifican reglamento de licencias por asistencia médica de personas con discapacidad, LA LEY (July 1, 2019).)

The Decree, which amends five articles of the Regulation of Law No. 30119, enables the mother, father, or guardian who cares for a disabled person requiring medical assistance or rehabilitation therapy to receive paid leave for up to 56 consecutive or alternate hours per year. In case the employee needed more time off, the leave would be compensated with overtime work, subject to the employer’s agreement.

The granting of leave to allow caretakers to provide care for disabled persons is consistent with a convention to which Peru is a party known as the Convention Concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities. (ILO Convention No. 156, adopted June 23, 1981, 1331 U.N.T.S. 295 (entered into force Aug. 11, 1983).) Article 3 of that Convention provides that persons with family responsibilities should be allowed to meet those responsibilities without discrimination and, as far as possible, without conflict between their family and professional responsibilities.