Panama extends maternity leave protections to fathers

Panama has enacted legal provisions through Law No. 238 of September 15, 2021, which extend maternity protections to fathers. This legislation safeguards fathers from dismissal under certain conditions, such as the death of the mother during childbirth or within twelve months thereafter, or if the mother does not have formal employment during the pregnancy or within the same period post-partum. The paternity protection lasts for up to one year following the child's birth.

Furthermore, the law grants fathers a right to 15 days of leave in the event of the mother's death, provided they are entitled to such leave. This leave cannot be denied by the employer and is granted following a mourning period as determined by the internal regulations of the company or institution.

Effectiveness: On July 24, 2024, Cabinet Resolution No. 64 of July 23, 2024, was published in the Official Gazette, lifting the National State of Emergency in Panama declared due to the COVID-19 pandemic. This should have triggered the enforcement of the extended maternity protection to fathers, established by Law No. 238 of September 15, 2021, starting from July 25, 2024. However, on July 25, 2024, Law No. 439 of June 17, 2024, was also published in the Official Gazette, which amended the effective date of Law No. 238, stating that it "came into force on January 1, 2024."