15-day leave for parents in the public sector due to modification of decree No. 523-09.
On June 14, 2022, the President of the Dominican Republic, Luis Rodolfo Abinader Corona, issued the Decree No. 312-22, through which a modification is introduced in regulation 523-09, which regulates labor relations within the Public Administration.
This decree resulted in the modification of articles 75, paragraph V and 78, numeral 1 of Decree 523-09. This decision by the executive branch increases paternity leave for public servants.
In that regard, from the promulgation of this piece, public servants will acquire the following rights:
One day of leave per month for the first 12 months after the birth of a child.
“ARTICLE 2. Paragraph V of Article 75 is amended Decree No. 523-09, which approves the Regulations for Labor Relations in the Public Administration,
so that from now on it may provide the following:
Paragraph V.- During the first twelve (12) months after the birth of their children, public servants (fathers and mothers) will have one (1) day each month, at their convenience, to provide them with pediatric care.
Likewise, from three (3) months to five (5) years after the birth of their children, public servants (parents) will be entitled to up to three (3) leaves per year, each of up to three (3) days, to attend to special situations related to their children. In these particular cases, teleworking agreements or other work arrangements may be sought with the public servants to ensure the continuity and smooth operation of the institution's activities.
These permits are not cumulative and cannot be taken consecutively. The foregoing is provided without prejudice to any other permits or licenses that may apply.
Paternity leave for 15 days to be taken during the first 3 months after the birth of a child.
“ARTICLE 3. Paragraph 1) of Article 78 of Decree No. 523-09, which approves the Regulations for Labor Relations in the Public Administration, is amended to henceforth provide that paid leave will be granted in the following case:
1) During the first three (3) months after the birth of their children, public servants (parents) will have fifteen (15) working days of leave, which they may use consecutively or partially.”
As can be seen, from the entry into force of this decree, public servants will be able to have more time to fulfill their obligations within the family, thus materializing the aspiration enshrined in article 55 of our Constitution on the family.
A milestone in public sector labor relations
This represents a milestone in labor relations in the Dominican Republic and we hope that it will be extended to private sector workers as soon as possible.
It is important to note that the president was able to make such an important change because article 57.7 of law 41-08 generically establishes the right to paid leave for public servants, but does not specify the duration of such leave.
In that regard, it is regulation 523-09, established by a decree of President Leonel Fernández, that set the duration of the licenses. Likewise, the new constitutional president is empowered to issue another decree to modify the established deadlines without needing to amend the law.
However, in the case of the private sector, it would be more difficult to ensure that working parents can receive this benefit, because for this to happen, it would be necessary to modify law 16-92, in its article 54 to extend the legally established period of two (2) days.
Congratulations Mr. President, we welcome all measures aimed at improving and decentrating the lives of workers in the Dominican Republic, whether they are public or private sector employees.
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