The recognition of maternity and paternity rights in the workplace is a fundamental pillar for the protection of the family, but it is also essential for promoting the integration of women into the corporate world and preventing gender discrimination in the workplace. In Central America, regulations vary significantly in terms of the duration of leave, access to remuneration, and the inclusion of new family structures. The most important aspects of parental leave are discussed below.
The Family Code of Nicaragua, in its art. 79, establishes that a spouse or partner in a stable, notarized domestic partnership is entitled to five days of paid leave with no loss of social benefits. Concerning maternity leave, Nicaragua grants 12 weeks of leave, distributed as four weeks before the birth and eight weeks after. However, this period does not meet the minimum of 14 weeks established by the International Labor Organization (ILO) in its Convention 183. In the case of multiple births, maternity leave is increased to a total of 10 weeks.
In terms of financing, the worker receives 60% of her average weekly remuneration, of which 60% is covered by Social Security and the remaining 40% by the employer. The legislation also protects working women against dismissal during pregnancy and maternity leave.
Salvadoran women workers are entitled to 16 weeks of maternity leave, with a mandatory period of 10 weeks after childbirth and 6 weeks before childbirth. During this period, they receive 100% of the maximum salary contributory to Social Security, and the payment is made by that institution. If the worker is not affiliated with Social Security at the time of delivery, the employer will assume this responsibility and must also supplement the benefit to bring it up to 100% of the worker’s actual salary when it exceeds the Social Security contribution limit, which is currently $1,000.00 per month. On the other hand, Salvadoran law recognizes three working days of paid leave for fathers, applicable within the first 15 days after the birth or adoption of a child, and in these cases, the employer is obliged to pay 100% of the ordinary salary.
In Honduras, maternity leave comprises 7 weeks before childbirth and 11 weeks thereafter, with the right to retain employment and all employment benefits, such as 100% of regular pay. Concerning paternity leave, reforms have been implemented that grant 6 working days before childbirth and 10 days after, with guaranteed pay. This benefit must be requested at least 14 weeks in advance, making Honduras the country in the region with the longest paternity leave for the private sector.
Costa Rican legislation grants 2 days of paternity leave in the private sector during the first 8 weeks of the child’s life, while in the public sector, one month is granted. Maternity leave comprises one month before the birth and three months after, making it the legislation that grants the most time to the pregnant mother so that she can share and raise the child during the first months of life. In Costa Rica, both types of leave are paid at 100%, with 50% paid by Social Security and 50% by the employer.
An important step forward in the country is the recognition of the right of non-pregnant mothers in same-sex couples to receive paternity leave. The Constitutional Court has ruled that these mothers are entitled to this benefit in the interests of equity and the best interests of the child. In the case of same-sex male couples, there are still barriers and legal loopholes, as only the biological father can be registered as such for civil registry purposes. The other parent can only become a legal parent by initiating administrative or judicial adoption proceedings. This means that only one of the parents is biologically recognized, and only this parent can access paternity leave, which creates a significant inequality compared to same-sex parental maternity leave.
Guatemala guarantees 30 days of prenatal leave and 45 days of postnatal leave with 100% of salary. In addition, during breastfeeding, mothers are entitled to two rest periods during their working day. As for fathers, Guatemalan law grants only 2 days of paternity leave, which is one of the shortest periods in the region. Furthermore, there are no legal provisions to promote a work-life balance for workers with children.
Central American legislation reflects considerable disparities in the protection of maternity and paternity rights. While some countries have made progress in including more comprehensive paternity leave and recognizing the rights of diverse families, others still have limited provisions that restrict the reconciliation of work and family life.
Countries in the region must advance the promotion of gender equality in the workplace, guaranteeing conditions that allow women to fully integrate into the labor market without motherhood being an obstacle. It is also necessary to strengthen and expand paternity and adoption leave so that both parents can share parenting and educational responsibilities.
Work-life balance must be a fundamental pillar of public policy, ensuring that both mothers and fathers have access to adequate and equitable leave that promotes an inclusive work environment that protects the well-being of Central American families.