Managing employee leave and vacation entitlements in a foreign country requires a thorough understanding of local labor laws. El Salvador has specific regulations governing various types of leave, including annual vacation, public holidays, sick leave, and parental leave. Adhering to these regulations is crucial for compliance and maintaining positive employee relations when employing individuals in the country.
El Salvador's labor code outlines the minimum requirements for employee leave, ensuring workers receive adequate time off for rest, recovery, and personal matters. Employers must be aware of these statutory entitlements and implement policies that meet or exceed these minimum standards.
Annual Vacation Leave
Employees in El Salvador are entitled to paid annual vacation leave after completing one year of continuous service with the same employer. The minimum entitlement is 15 days of paid leave per year. This leave must be taken consecutively, unless otherwise agreed upon by both the employer and employee.
During the vacation period, employees are entitled to receive their regular salary plus a 30% bonus on their base salary for the vacation duration. Vacation time accrues based on service length, and the 15-day minimum applies to each year of service.
Public Holidays
El Salvador observes several national public holidays throughout the year. Employees are generally entitled to a paid day off on these holidays. If an employee is required to work on a public holiday, they are typically entitled to receive double their regular pay for the hours worked.
Here are the anticipated public holidays for 2025 in El Salvador:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 17 | Maundy Thursday |
| April 18 | Good Friday |
| April 19 | Holy Saturday |
| May 1 | International Workers' Day |
| August 3 | San Salvador Feast (San Salvador only) |
| August 5 | San Salvador Feast (San Salvador only) |
| August 6 | Feast of San Salvador |
| September 15 | Independence Day |
| November 2 | All Souls' Day |
| December 25 | Christmas Day |
Note: Some holidays, particularly during Holy Week (Semana Santa) and the August festivities, may involve multiple days off or regional observances.
Sick Leave
Employees in El Salvador are entitled to paid sick leave in cases of illness or injury that prevent them from working. The duration and payment of sick leave are typically covered by the Salvadoran Social Security Institute (ISSS).
To be eligible for sick leave benefits from the ISSS, an employee must present a medical certificate issued by an ISSS-approved doctor. The ISSS covers a percentage of the employee's salary, usually after a short waiting period (often the first few days are unpaid or paid by the employer depending on internal policy or collective agreements). The specific percentage and duration of ISSS coverage depend on the employee's contributions and the nature of the illness. Employers are responsible for ensuring employees can access their ISSS benefits and may have internal policies regarding supplementary sick pay.
Parental Leave
El Salvadoran law provides entitlements for parental leave, primarily focusing on maternity leave.
Maternity Leave
Pregnant employees are entitled to 12 weeks of paid maternity leave. This leave can typically be taken six weeks before the expected delivery date and six weeks after, although the distribution can be adjusted based on medical recommendation. During maternity leave, the employee receives benefits from the ISSS, covering a portion of her salary. The employer is responsible for ensuring the employee's position is held open and she can return to her job after the leave.
Paternity Leave
While there is no specific statutory paternity leave entitlement mandated by the general labor code, some employers may offer a few days of paid leave for new fathers as part of their internal policies or collective bargaining agreements.
Adoption Leave
Similar to paternity leave, there is no specific statutory adoption leave entitlement defined in the general labor code. Any leave provided for adoption would typically be based on employer policy or individual agreements.
Other Types of Leave
Beyond the main categories, El Salvadoran labor law may recognize or common practice may include other types of leave, although specific statutory entitlements can vary:
- Bereavement Leave: There is no specific statutory requirement for paid bereavement leave, but many employers grant a few days off for employees to mourn the death of a close family member.
- Study Leave: The labor code does not mandate paid study leave, but employers may grant leave for employees pursuing further education or training, often unpaid or based on specific agreements.
- Marriage Leave: There is no statutory marriage leave entitlement.
- Union Activities Leave: Employees who are union representatives may be entitled to paid time off to attend union meetings or activities as stipulated by law or collective agreements.
