Colombian labor law provides employees with various statutory leave entitlements designed to ensure work-life balance, support during personal events, and recovery from illness. These provisions are mandatory for employers operating within the country and cover a range of situations from annual rest periods to specific circumstances like illness, childbirth, or family emergencies. Understanding these requirements is crucial for compliance and effective workforce management.
These entitlements form a fundamental part of the employment relationship in Colombia, covering regular vacation time, national holidays, and specific leaves for health, family, and other significant life events. Adhering to these regulations is essential for companies employing individuals in Colombia, whether through a local entity or via an Employer of Record service.
Annual Vacation Leave
Employees in Colombia are entitled to a minimum of fifteen (15) working days of paid vacation for every year of service. This leave accrues proportionally throughout the year. Vacation time is typically taken consecutively, though employees and employers can agree to divide the leave into periods, with at least six (6) working days taken consecutively in one period. Vacation must be granted by the employer within one year of the employee becoming eligible.
| Service Duration | Minimum Paid Vacation Entitlement |
|---|---|
| 1 year | 15 working days |
| Proportional | Accrues monthly |
It is possible for employees to request compensation for up to half of their vacation entitlement, provided they have accrued at least 15 working days. The remaining portion must be taken as time off.
Public Holidays and Observances
Colombia observes a number of national public holidays throughout the year. Many of these holidays are subject to the "Law of Poncho" (Law 51 of 1983), which moves certain holidays that fall on a weekday to the following Monday to create long weekends. Employees are generally entitled to a paid day off on these public holidays. If an employee is required to work on a public holiday, they are typically entitled to premium pay.
While the exact dates can vary slightly year to year based on the day of the week, the standard public holidays observed in Colombia include:
| Date (Approximate) | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| January (Monday) | Epiphany |
| March (Monday) | Saint Joseph's Day |
| March/April | Maundy Thursday |
| March/April | Good Friday |
| May 1 | Labor Day |
| June (Monday) | Ascension Day |
| June (Monday) | Corpus Christi |
| June (Monday) | Sacred Heart |
| July 20 | Independence Day |
| August 7 | Battle of Boyacá |
| August (Monday) | Assumption Day |
| October (Monday) | Columbus Day |
| November (Monday) | All Saints' Day |
| November (Monday) | Independence of Cartagena |
| December 8 | Immaculate Conception |
| December 25 | Christmas Day |
Note: Holidays marked (Monday) are subject to the Law of Poncho and are observed on the following Monday if they fall on a different weekday.
Sick Leave Policies and Pay
Employees who are unable to work due to illness or injury are entitled to sick leave, provided they obtain a medical certificate from a recognized health professional. The duration of paid sick leave and the party responsible for payment vary:
| Duration of Sick Leave | Payment Percentage of Salary | Responsible Party |
|---|---|---|
| Days 1-2 | 66.67% | Employer |
| Days 3-180 | 66.67% | Employee's Health Promoting Entity (EPS) |
| Days 181-540 | 50% | Pension Fund (under specific conditions) |
| Beyond 540 days | Varies | Pension Fund or other entities (complex rules apply) |
The employee must notify the employer promptly of their absence and provide the required medical documentation. The employer is responsible for processing the initial days of sick pay and coordinating with the health insurer (EPS) for longer periods.
Parental Leave
Colombian law provides specific leave entitlements for new parents, including maternity, paternity, and adoption leave.
- Maternity Leave: Expectant mothers are entitled to 18 weeks of paid maternity leave. This leave can begin up to two weeks before the expected delivery date, with the remaining weeks taken after childbirth. In cases of multiple births or premature babies, additional weeks may be granted. Payment during maternity leave is typically covered by the employee's Health Promoting Entity (EPS) at 100% of the employee's salary, up to a legal limit.
- Paternity Leave: Fathers are entitled to two weeks of paid paternity leave. This leave must be taken within 30 days following the birth of the child. Payment for paternity leave is also covered by the employee's EPS at 100% of the employee's salary, up to a legal limit.
- Adoption Leave: Employees who adopt a child are entitled to 18 weeks of paid leave, similar to maternity leave. This leave begins from the date the child is delivered to the adoptive parents. If both parents are employees, they must decide which parent will take the leave.
Other Types of Leave
Beyond the primary categories, Colombian labor law and common practice recognize other types of leave, though entitlements can vary based on specific circumstances, collective bargaining agreements, or company policy.
- Bereavement Leave: Employees are entitled to five (5) working days of paid leave in the event of the death of a spouse, permanent partner, parents, children, siblings, grandparents, or grandchildren.
- Study Leave: While not a general statutory entitlement for all employees, some collective bargaining agreements or specific industries may provide for paid or unpaid leave for study purposes.
- Marriage Leave: There is no statutory entitlement to paid leave specifically for marriage under general Colombian labor law, although some companies or collective agreements may grant a few days.
- Force Majeure/Fortuitous Event: Employees may be temporarily excused from work due to unforeseen circumstances beyond their control, though the terms of payment or duration depend on the specific event and employer policy or agreement.
- Union Activities: Employees who are union representatives may be entitled to time off for union duties as stipulated by law or collective agreements.
It is important for employers to have clear policies regarding these and other potential leave types to ensure compliance and manage employee expectations effectively.
