Maternity Leave Application Colombia (Solicitud de Licencia de Maternidad)

A Maternity Leave Application Colombia (Solicitud de Licencia de Maternidad) is a formal written request from a pregnant worker to her employer notifying the anticipated date of delivery and requesting the statutory maternity leave period, governed by Article 236 of the Código Sustantivo del Trabajo (CST) — Decreto Ley 2663 de 1950 — as modified by Ley 1468 de 2011 and Ley 2114 de 2021. Article 236 of the CST grants every pregnant worker the right to eighteen (18) weeks of paid maternity leave (licencia de maternidad), a fundamental protection that cannot be waived, reduced, or conditioned by the employer.

The constitutional foundation for maternity leave in Colombia rests in Article 43 of the Constitución Política de 1991, which provides that women shall receive special State protection during pregnancy and post-delivery periods, and that the State shall grant a special food subsidy to pregnant women or nursing mothers who are unemployed or unprotected. Article 44 establishes the fundamental rights of children, and the Corte Constitucional has consistently linked maternity leave protections to the superior interest of the child (interés superior del menor) and the mother's right to health and dignified work under Articles 25 and 49.

Under CST Article 236 as modified by Ley 1468 de 2011, the eighteen-week maternity leave begins one (1) week before the expected delivery date (fecha probable de parto) and continues for seventeen (17) weeks after birth. The worker may request a different distribution — starting up to two (2) weeks before the expected delivery date and taking the remaining sixteen (16) weeks after birth — provided she presents a medical certificate from her treating physician at the EPS (Entidad Promotora de Salud). The Corte Constitucional in Sentencia C-543 de 2010 confirmed that the maternity leave period is a minimum — collective bargaining agreements under CST Articles 467 through 480 may establish longer periods.

Maternity leave compensation is paid at 100% of the worker's salary by the EPS through the Sistema General de Seguridad Social en Salud under Ley 100 de 1993. The employer pays the worker's salary during the leave period and then claims reimbursement from the EPS through the Planilla Integrada de Liquidación de Aportes (PILA) system under Decreto 1406 de 1999. For the EPS to process the reimbursement, the employer must have made timely social security contributions for the entire gestation period — the Decreto 780 de 2016 (Decreto Único Reglamentario del Sector Salud) establishes the specific requirements. The UGPP (Unidad de Gestión Pensional y Parafiscales) audits maternity leave payments and may impose sanctions on employers or EPS entities that fail to comply.

The fuero de maternidad under CST Article 239, as reinforced by the Corte Constitucional through Sentencia SU-070 de 2013, provides absolute job protection. The employer may not dismiss a pregnant worker or a worker on maternity leave without prior authorization from the Ministerio del Trabajo (MinTrabajo) — termination without such authorization is legally void (nulo) regardless of whether just cause exists under CST Article 62. The fuero extends from the beginning of pregnancy through the maternity leave period and an additional period after the worker's return, as established by jurisprudence. Under CST Article 239 numeral 3, the employer who dismisses a worker during the protected period without MinTrabajo authorization must pay an indemnización especial equivalent to sixty (60) days of salary, in addition to the regular indemnification under CST Article 64.

Ley 2114 de 2021 introduced the licencia parental compartida, allowing parents to share up to six (6) of the last twelve (12) weeks of maternity leave with the father or partner, provided the mother has taken the initial six (6) weeks of mandatory post-delivery rest. The shared leave must be agreed in writing between the parents and approved by the EPS and the employers of both parents. The same law established the licencia parental flexible, permitting the mother to work part-time during the last twelve (12) weeks and extend the leave duration proportionally.

For adoption cases, CST Article 236 grants the adoptive mother the same eighteen-week leave entitlement, beginning from the date the child is delivered to the adoptive family by the Instituto Colombiano de Bienestar Familiar (ICBF) or the authorized adoption agency under Ley 1098 de 2006 (Código de la Infancia y la Adolescencia). Premature births entitle the mother to additional leave corresponding to the difference between the actual gestational age and thirty-seven (37) weeks under Ley 1822 de 2017, which modified CST Article 236.

The Ministerio del Trabajo through Resolución 2423 de 2018 established the operational guidelines for maternity leave processing, including documentation requirements, EPS reimbursement procedures, and employer obligations. The territorial inspecciones del trabajo handle complaints related to maternity leave violations under CST Articles 485 through 487.

A Maternity Leave Application Colombia is required whenever a pregnant worker needs to formally notify her employer of the upcoming maternity leave period and initiate the administrative process for EPS-funded compensation. Article 236 of the Código Sustantivo del Trabajo as modified by Ley 1468 de 2011 mandates eighteen (18) weeks of paid leave, and written notification triggers the employer's obligations regarding scheduling, payroll adjustments, and social security reporting through the PILA system.

The application is needed when the pregnant worker obtains the medical certificate (certificado médico) from her treating physician at the EPS (Entidad Promotora de Salud) confirming the expected delivery date (fecha probable de parto). Under CST Article 236 numeral 4, the worker must present this certificate to the employer before the leave begins — the certificate establishes the official start date and expected duration of the leave period. The medical certificate must be issued by the EPS-authorized physician under the standards of Ley 100 de 1993 and Decreto 780 de 2016.

A Solicitud de Licencia de Maternidad is required when the worker wishes to modify the standard leave distribution. While the default under CST Article 236 is one (1) week pre-delivery and seventeen (17) weeks post-delivery, the worker may request up to two (2) weeks before the expected delivery date with a corresponding reduction of the post-delivery period. The medical certificate must support the requested distribution, and the written application documents the worker's preferred arrangement.

The application is needed when the worker intends to exercise shared parental leave (licencia parental compartida) under Ley 2114 de 2021. Both parents must submit written applications to their respective employers, supported by a joint declaration and the EPS authorization. The shared leave covers up to six (6) of the last twelve (12) weeks of the maternity leave period, after the mother has completed the mandatory first six (6) weeks of post-delivery rest.

The document is required for adoptive mothers claiming the eighteen-week leave under CST Article 236. The application must be accompanied by the official documentation from the ICBF (Instituto Colombiano de Bienestar Familiar) or authorized adoption agency under Ley 1098 de 2006, confirming the date the child was delivered to the adoptive family.

A maternity leave application is also needed in cases of premature birth. Under Ley 1822 de 2017, the mother is entitled to additional leave weeks corresponding to the difference between the actual gestational age at birth and thirty-seven (37) weeks — the application must include the medical certificate documenting the premature delivery and gestational age.

The written application serves critical evidentiary purposes for the fuero de maternidad protection under CST Article 239. By formally notifying the employer of the pregnancy and expected delivery date, the worker establishes the timeline of the protected period — any dismissal during this period without prior MinTrabajo authorization is legally void under the absolute protection standard established by the Corte Constitucional in Sentencia SU-070 de 2013.

A valid Maternity Leave Application Colombia must contain specific elements to satisfy the requirements of Article 236 of the Código Sustantivo del Trabajo as modified by Ley 1468 de 2011, support the EPS reimbursement process under Ley 100 de 1993, and establish the fuero de maternidad protection timeline under CST Article 239.

Worker Identification: Full legal name of the pregnant worker (nombre completo), identification document type and number — cédula de ciudadanía for Colombian nationals or cédula de extranjería for foreign residents under Decreto 1067 de 2015 — current position (cargo), department or functional area, and employment start date (fecha de ingreso). The identification must match records in the PILA system to support the EPS reimbursement process.

Employer Identification: The full legal name (razón social) of the employing entity, NIT (Número de Identificación Tributaria) assigned by the DIAN (Dirección de Impuestos y Aduanas Nacionales), and the name and position of the direct supervisor or human resources officer to whom the application is addressed. Under Decreto 1072 de 2015 (Decreto Único Reglamentario del Sector Trabajo), the employer must process maternity leave applications through the designated HR officer.

Medical Certificate: Reference to the medical certificate (certificado médico) issued by the treating physician at the worker's EPS (Entidad Promotora de Salud) confirming the pregnancy and the expected delivery date (fecha probable de parto). Under CST Article 236 numeral 4, this certificate is the essential supporting document for the leave application. The certificate must be issued by a physician authorized under the standards of Ley 100 de 1993 and Resolución 2423 de 2018 issued by the Ministerio del Trabajo.

Expected Delivery Date: The fecha probable de parto as determined by the EPS-authorized physician. Under CST Article 236, the standard maternity leave distribution begins one (1) week before this date and continues for seventeen (17) weeks after birth. The expected delivery date is the reference point for calculating all leave dates and determining the EPS reimbursement period.

Requested Leave Distribution: Specification of how the worker requests the leave to be distributed — standard distribution (one week pre-delivery, seventeen weeks post-delivery); modified distribution (up to two weeks pre-delivery, remaining weeks post-delivery, supported by medical certificate); shared parental leave under Ley 2114 de 2021 (specifying the number of weeks to be shared with the father/partner); or flexible parental leave under Ley 2114 de 2021 (specifying the part-time work arrangement and extended leave duration). The chosen distribution must comply with the statutory requirements and medical recommendations.

Leave Start and End Dates: The proposed start date (fecha de inicio de la licencia) and anticipated return date (fecha de reintegro). Under CST Article 236, the total leave period is eighteen (18) weeks for full-term pregnancies. For premature births under Ley 1822 de 2017, additional weeks are added based on the difference between actual gestational age and thirty-seven (37) weeks.

EPS Affiliation Information: The name of the worker's EPS (Entidad Promotora de Salud) and affiliation number for processing the maternity leave payment. Under Ley 100 de 1993 and Decreto 780 de 2016 (Decreto Único Reglamentario del Sector Salud), the EPS reimburses the employer for 100% of the salary paid during the maternity leave period, provided the employer has maintained timely contribution payments throughout the gestation period. The UGPP audits these payments and may impose sanctions for non-compliance.

Fuero de Maternidad Notice: Statement referencing the special employment protection (fuero de maternidad) under CST Article 239 as interpreted by the Corte Constitucional in Sentencia SU-070 de 2013. The application formally places the employer on notice of the worker's protected status — any dismissal during the pregnancy, maternity leave, or the post-return protection period without prior authorization from the Ministerio del Trabajo is legally void and triggers the special indemnification of sixty (60) days of salary under CST Article 239 numeral 3.

Nursing Break Reference: Under CST Article 238, the worker is entitled to two (2) daily nursing breaks (descanso para lactancia) of thirty (30) minutes each during the first six (6) months following the end of maternity leave. While not part of the leave application itself, reference to this entitlement reminds the employer of the post-return obligation and supports advance planning.

Supporting Documentation: A checklist of documents attached to the application — the EPS medical certificate, ultrasound report confirming gestational age, and for adoption cases, the ICBF documentation under Ley 1098 de 2006. For shared or flexible parental leave under Ley 2114 de 2021, the joint parental declaration and the partner's employer authorization must be included.

Forms-legal.com provides this Maternity Leave Application Colombia template as a practical tool for workers exercising their statutory rights under CST Article 236 and Ley 1468 de 2011. Workers should verify that their EPS contributions are current and consult with the EPS directly regarding reimbursement timelines and documentation requirements under Decreto 780 de 2016. Employers should consult with a licensed abogado laboralista regarding the specific obligations and prohibitions of the fuero de maternidad enforced by MinTrabajo and the labour courts.