Summary.
The bill creates bereavement leave as a right of private company employees and public servants following the death of family members. The leave is paid and is granted under the conditions set out in the proposed legislation. It covers both employment in private companies and service in public institutions. Entitlement arises when a beneficiary’s family member dies, and the length of leave depends on the family relationship specified for each case.
The leave lasts five working days when the beneficiary’s spouse or partner in a de facto union, parent, child, or sibling dies. It lasts three working days upon the death of other relatives within the second degree of consanguinity or the first degree of affinity. The bill thus distinguishes the family members it names individually from other relatives within the stated degrees and assigns the corresponding period of leave to each group.
Bereavement leave counts as effective time in service for all legal purposes. It is not deducted from the beneficiary’s vacation period or from any other permits or leave to which the beneficiary is entitled. The leave begins to be counted on the date of death. These provisions determine how the employee’s or public servant’s absence is treated and how it relates to other periods of vacation, authorized absence, and leave available to that person.
A beneficiary who takes the leave must notify the employer or the institution where the beneficiary works of the death as soon as possible. The beneficiary must also submit the death certificate issued by the Electoral Tribunal (Tribunal Electoral) within the ten days following the date of death. Notice and submission of the certificate are duties associated with exercising the right to leave. The period for submitting the document is measured from the same event that determines when the leave begins.
Where a collective bargaining agreement, internal rules, or another agreement grants more favorable bereavement leave terms, the rule or condition most favorable to the beneficiary applies. The bill assigns responsibility for implementing regulations to the Executive Branch (Órgano Ejecutivo) and provides that the proposed law takes effect on the day following its promulgation. Its provisions concern the Electoral Tribunal (Tribunal Electoral), which issues the required certificate, and the Executive Branch (Órgano Ejecutivo), which is to issue the regulations. The bill could affect private companies and their employees, as well as public institutions and public servants.
What it proposes.
- Paid bereavement leave.
- Length of leave according to family relationship.
- Treatment of leave as time in service and proof of death.
- Application of more favorable employment terms.
Who it would affect.
- Private company employees.
- Public servants.
- Employers and institutions where beneficiaries work.
Key points.
- Creates bereavement leave as a right of private company employees and public servants following the death of family members.Art. 1
- Provides that bereavement leave is paid.Art. 2
- Grants five working days for the death of a spouse or partner in a de facto union, parent, child, or sibling, and three working days for other relatives within the stated degrees of relationship.Art. 3
- Counts the leave as effective time in service and prevents its deduction from vacation, permits, or other leave.Art. 4
- Counts the start of leave from the date of death.Art. 5
- Requires the beneficiary to give notice of the death as soon as possible and submit the death certificate issued by the Electoral Tribunal (Tribunal Electoral) within the following ten days.Art. 6
- Applies more favorable terms provided by collective bargaining agreements, internal rules, or other agreements.Art. 7
- Assigns implementing regulations to the Executive Branch (Órgano Ejecutivo) and provides for entry into force on the day following promulgation.Arts. 8-9