Bill 649.

Summary.

Article 1 states that the bill’s purpose is to update item 30 of Article 128 of the Labor Code (Código Trabajo). It connects that change to protecting minors’ right to health and to the working conditions of employees responsible for the care of children and adolescents. The provision places the proposed change within the rules on employer obligations and addresses workers’ ability to meet the health needs of their minor children while employed.

Article 2 proposes new wording for item 30 of Article 128 of the Labor Code (Código de Trabajo), within the list of employer obligations. Under that wording, a worker could be absent from their workplace to address matters concerning the health of their minor children. The matters expressly included are medical consultations, treatments, and health emergencies. Each absence would have to be duly justified by a medical certificate or a document issued by the relevant health institution. This documentation is the stated condition for an absence to receive the treatment provided under the proposed item.

The same item sets out the employment consequences of an absence justified in that manner. An employer could not treat it as a disciplinary infraction or impose an employment sanction because of it. The absence also would not entail the loss of previously established employment benefits. These rules apply to absences justified under the proposed item and form part of the obligation inserted into Article 128. The medical certificate or document from the health institution would establish the basis for the absence and allow the worker to receive the disciplinary and benefits protections described in the proposed wording.

Article 2 further provides that the Executive Branch will regulate the mechanisms necessary to ensure proper implementation of the provision. Article 3 expressly identifies the amendment to Article 128 of the Labor Code. Article 4 provides that the proposed law would take effect upon its publication. Taken in sequence, the articles state the aim of the update, the health matters that could warrant an absence, the documentation required to justify it, the consequences for discipline and employment benefits, the authority assigned to regulate implementation, and the time when the proposed law would enter into force.

The bill relates to the Executive Branch, health institutions that issue supporting documents, and employers. Its provisions could concern workers caring for minor children, the sectors employing those workers, and health institutions issuing the medical certificates or other documents contemplated by the bill.