Learn about the labor rights of pregnant women

January 25, 2021

Panamanian legislation includes several articles focused on the protection of both the mother and the baby.

Labor rights
Maru Rodríguez

If you´re pregnant or it’s part of your life plan in a short term, you must know the labor rights contemplated in the Panama Labor Code, such as paid maternity leave and breastfeeding rights. You should also be clear about which activities are allowed and which are not to ensure your safety, as well as your baby´s, during that time.

The following is a list of frequently asked questions that could be the key to clarify some of your doubts.

Can pregnant women work overtime?

A pregnant woman cannot work overtime. If she has rotating shifts, the employer must adjust her schedule so that she doesn’t work on a mixed shift either on a night one.

How long is the paid leave time for pregnant women?

Women are entitled to 14 weeks of paid maternity leave,  6 weeks before the expected due date and 8 weeks after.  However, if the actual due date is delayed, then the prenatal portion of the leave is extended so that the mother can enjoy 8 weeks of post-natal leave.

The pregnant woman will also be entitled to an economic compensation granted by the Social Security Fund, while the employer shall make up the difference between the maternity allowance provided by the Social Security Fund and the worker’s salary. It’s important that the worker is previously enrolled in the Social Security Fund and that she also has a minimum of 9 monthly installments credited to her account in the 12 months prior to the 7th month of pregnancy because, otherwise, the employer must cover the total amount of the allowance that corresponds to her.

The calculation of the compensation paid by the Social Security Fund is obtained from the average weekly income received in the last 9 months.

Is there a policy for women to continue breastfeeding at work?

Every mother is entitled to a nursing break of 15 minutes every 2 hours or a half-an-hour break twice a day to express breast milk or, if possible, to feed her child. Such nursing breaks are counted and remunerated as hours worked. On the other hand, if the baby’s pediatrician requests through medical prescription a special alimentary schedule for the baby, this fulfillment is mandatory.

If the company has more than 20 female employees, the employer will be obliged to provide adequate facilities like a lactation room for expressing breastmilk of breastfeeding safely, according to the General or Regional Directorate of Labor and the corresponding department of Breastfeeding of the Ministry of Health.

Could an employer fire a woman during her maternity leave?

Yes, she could be fired as long as there is a legal cause that justifies it and court approval.

If you wish to go deeper into this topic, we invite you to consult the Panama Labor Code.

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