Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating in El Salvador. The country's labor code outlines specific requirements that employers must adhere to regarding annual leave, public holidays, sick leave, and various types of special leave. Understanding these regulations is essential for ensuring smooth operations and legal compliance.
Employers in El Salvador are responsible for correctly calculating and granting leave based on employee tenure and specific circumstances. Navigating these requirements can be complex, particularly for foreign companies expanding into the region. Ensuring accurate application of the law helps build trust with employees and avoids potential legal issues.
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. This leave must be taken consecutively.
- Entitlement: 15 working days per year after one year of service.
- Timing: Must be taken consecutively.
- Payment: Employees receive their regular salary during vacation, plus a vacation bonus equivalent to 30% of their regular daily wage for each day of vacation.
- Accrual: The right to vacation accrues over the year of service.
- Scheduling: The timing of vacation is typically agreed upon between the employer and employee, but the employer has the final say, ensuring the employee takes their full entitlement within the year following the accrual period.
- Termination: If employment ends before the employee has taken their accrued vacation, they are entitled to payment for the proportional vacation time earned.
Public Holidays
El Salvador observes several 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 must be paid double their regular daily wage.
Here is a list of anticipated public holidays in El Salvador for 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 17 | Maundy Thursday (Holy Thursday) |
| April 18 | Good Friday |
| April 19 | Holy Saturday |
| May 1 | International Workers' Day |
| August 3 | San Salvador Feast Day (San Salvador only) |
| August 5 | San Salvador Feast Day (San Salvador only) |
| August 6 | Feast of San Salvador |
| September 15 | Independence Day |
| November 2 | All Souls' Day |
| December 25 | Christmas Day |
Hinweis: Einige Feiertage, insbesondere während der Karwoche und der August-Festlichkeiten, können über die aufgelisteten Daten hinausgehen, abhängig von lokalen Bräuchen oder spezifischen Regierungsverordnungen.
Sick Leave Policies
Employees in El Salvador are entitled to paid sick leave when they are unable to work due to illness or injury. The specific entitlements and requirements are regulated by the Salvadoran Social Security Institute (ISSS).
- Entitlement: The ISSS provides benefits for temporary disability due to illness or injury.
- Requirements: To receive benefits, employees must present a medical certificate issued by an ISSS doctor.
- Payment: The ISSS pays a percentage of the employee's salary during the period of certified temporary disability. The employer is typically responsible for the first day of absence due to illness, and the ISSS covers subsequent days, up to a maximum duration specified by their regulations.
- Employer Responsibility: While the ISSS provides the benefit, employers must ensure employees are registered with the ISSS and follow the correct procedures for reporting absences and submitting documentation.
Parental Leave
El Salvador's labor law provides specific entitlements for parental leave, primarily focused on maternity leave.
Maternity Leave
Pregnant employees are entitled to paid maternity leave.
- Dauer: 12 Wochen (84 Tage).
- Timing: Diese Auszeit beginnt typischerweise sechs Wochen vor dem voraussichtlichen Geburtstermin und dauert bis zu sechs Wochen nach der Geburt. Der Zeitpunkt kann medizinisch angepasst werden.
- Zahlung: Während der Mutterschaftsurlaub erhält die Mitarbeiterin eine Subvention in Höhe von 100 % ihres Durchschnittsgehalts, bezahlt durch das ISSS. Der Arbeitgeber ist verantwortlich dafür, die Mitarbeiterin zu registrieren und den Prozess zu erleichtern.
- Jobschutz: Der Arbeitsplatz der Mitarbeiterin ist während des Mutterschaftsurlaubs geschützt.
Paternity Leave
There is no specific legal entitlement to paid paternity leave under the general labor code in El Salvador. Some employers may offer a few days of paid or unpaid leave as a company benefit, but this is not legally mandated.
Adoption Leave
Similar to paternity leave, there is no specific legal entitlement to adoption leave under the general labor code. Any leave granted for adoption is typically at the employer's discretion or covered under general personal leave policies if available.
Other Types of Leave
Beyond the main categories, the labor code and common practice in El Salvador may recognize other types of leave, though entitlements can vary.
- Bereavement Leave: The labor code does not mandate paid bereavement leave. Some companies may offer a few days of paid or unpaid leave for the death of a close family member as a company policy.
- Study Leave: There is no general legal entitlement to paid study leave. Employers may grant leave for educational purposes at their discretion, often unpaid or requiring the employee to use their annual vacation time.
- Marriage Leave: The labor code does not mandate paid leave for marriage. Similar to bereavement, some employers may offer a few days as a company benefit.
- Union Activities: Employees who are union representatives may be entitled to time off for specific union activities as outlined in collective bargaining agreements or labor law provisions related to union rights.
- Civic Duties: Employees may be entitled to time off to fulfill mandatory civic duties, such as jury duty (though less common in El Salvador) or voting.
