T-646/12

.The terms of maternity leave are extended in cases of premature babies and multiple births.


The terms of  maternity leave are extended in cases of premature babies and multiple births.

 

The Constitutional Court recalled that, in accordance with articles 57, 59, 236 and 239 of the Labor Code, the extension of maternity leave in premature births must take into account the difference between the date of gestation and the birth on time, which will be added to the 14 weeks provided by law.  According to the Court, maternity care is not limited to the period of gestation and birth, but is projected in a longer period, which is also subject to protection. In cases of multiple births, he adds, the provisions on premature children will be taken into account, and the license is extended by two weeks.  The Court explained that the coverage of maternity leave  ceases to be an exclusively legal issue and acquires constitutional relevance, when the rights of pregnant women, such as the minimum vital and dignified life, depend on the payment of maternity leave.

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