Law 2174 of 2021 aims to provide special protection to minors who are in the terminal stage of an illness or condition, guaranteeing the right of minors to the care of their parents or guardians under the aforementioned conditions.
For the application of Law 2174 of 2021, the concept of terminal illness as defined in Article 2 of Law 1723 of 2014 is adopted, as follows:
"A patient in the terminal phase is anyone who has a serious pathological disease, which has been precisely diagnosed by an expert, demonstrating its progressive and irreversible nature with a prognosis of death in the near future or within a relatively short period, which is not susceptible to curative treatment and lacks proven efficacy that could modify the prognosis of imminent death, or therapeutic resources have ceased to be effective."
Therefore, and in accordance with this law, it is the employer's duty to grant the father, mother, or caregiver of the minor a paid leave of ten days once a year, which may be taken continuously or intermittently, as mutually agreed between the employer and the worker. It is noteworthy that the granting of leave to one parent does not exclude the granting of the same to the other parent or caregiver, provided that they are not concurrent.
It is the worker's duty to prove the minor's condition by means of a certification or medical disability certificate issued by the minor's treating physician, stating the need for accompaniment and the diagnosis.
The relevant aspect of this leave is that the economic burden does not fall on the employer; on the contrary, it is the responsibility of the EPS (Health Promoting Entity) to which the parent or caregiver of the minor contributes, with the Ministry of Labor being the entity that must regulate such recognition within the following six months.
Likewise, and in accordance with the foregoing, this Law adds numeral 12 to Article 57 of the Substantive Labor Code in the following terms.
"12. Grant a leave of 10 business days for the care of children, to the father, mother, or whoever holds custody and personal care of minors who suffer from a terminal illness or severe clinical condition resulting from a serious accident and require permanent care; or require palliative care for pain control and other symptoms."
Prepared by: Nathaly Muñoz. Consulting Attorney.