Managing employee leave and vacation entitlements in Peru requires a clear understanding of local labor laws and regulations. Peruvian law mandates specific minimums for various types of leave, ensuring employees receive adequate time off for rest, holidays, illness, and significant life events. Employers operating in Peru, whether through a local entity or via an Employer of Record, must comply with these requirements to ensure legal compliance and support employee well-being.
Navigating the nuances of annual leave accrual, public holiday observance, sick leave procedures, and parental leave entitlements is crucial for effective workforce management. This guide outlines the key aspects of leave policies in Peru for 2025, providing essential information for employers.
Annual Vacation Leave
In Peru, employees are generally entitled to a minimum amount of paid annual vacation leave. This entitlement accrues over time and is subject to specific conditions regarding service duration and workdays.
- Minimum Entitlement: Employees who have completed one full year of service with the same employer are entitled to a minimum of 30 calendar days of paid annual vacation.
- Accrual: Vacation leave accrues after completing one year of continuous service. The right to take vacation is typically exercised in the year following the accrual.
- Conditions: To qualify for the full 30 days, employees must have worked a minimum number of effective workdays during the year. For a standard five-day work week, this is typically at least 260 days. For a six-day work week, it's at least 312 days.
- Timing: The timing of vacation leave is usually agreed upon between the employer and employee. If no agreement is reached, the employer has the final say, provided they notify the employee in advance.
- Splitting Leave: Vacation leave can generally be split, but typically at least 15 consecutive days must be taken together. The remaining days can be taken in shorter periods.
- Payment: Employees must receive their vacation pay before commencing their leave.
Public Holidays
Peru observes a number of national 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 are typically entitled to triple pay for that day (regular pay + double pay for working on the holiday).
Here are the standard public holidays observed in Peru:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| March/April | Maundy Thursday |
| March/April | Good Friday |
| May 1 | Labour Day |
| June 7 | Battle of Arica and Flag Day |
| June 29 | Saint Peter and Saint Paul |
| July 28 | Independence Day |
| July 29 | Independence Day |
| August 6 | Battle of Junín |
| August 30 | Saint Rose of Lima |
| October 8 | Battle of Angamos |
| November 1 | All Saints' Day |
| December 8 | Immaculate Conception |
| December 9 | Battle of Ayacucho |
| December 25 | Christmas Day |
Hinweis: Die Termine für Maundy Thursday und Good Friday variieren jedes Jahr, da sie auf dem Osterkalender basieren.
Sick Leave
Employees in Peru are entitled to paid sick leave when they are unable to work due to illness or injury. The administration and payment of sick leave involve both the employer and the social security system (EsSalud).
- Entitlement: There is no specific maximum number of sick days defined by law for employer responsibility.
- Payment Structure:
- The employer is responsible for paying the employee's salary for the first 20 days of sick leave in a calendar year.
- From the 21st day onwards, the social security system (EsSalud) is responsible for providing a subsidy to the employee, provided they are registered and meet the eligibility criteria.
- Requirements: Employees must provide a medical certificate (Certificado Médico) issued by a registered doctor to justify their absence due to illness. For longer periods, a Certificate of Temporary Disability (Certificado de Incapacidad Temporal para el Trabajo - CITT) issued by EsSalud is required for the social security subsidy.
- Notification: Employees should notify their employer of their absence due to illness as soon as possible.
Parental Leave
Peruvian law provides specific entitlements for maternity, paternity, and adoption leave to support new parents.
Maternity Leave
- Duration: Pregnant employees are entitled to a total of 98 calendar days of paid maternity leave. This leave can be taken flexibly, typically starting 49 days before the expected due date and ending 49 days after the birth. The employee can choose to distribute the 98 days differently, provided they take at least 49 days after the birth.
- Payment: Maternity leave is paid through a subsidy provided by EsSalud, not directly by the employer, provided the employee is registered and meets eligibility requirements.
- Multiple Births/Complications: In cases of multiple births or complicated pregnancies/births, the maternity leave period is extended by 30 calendar days, totaling 128 days.
Paternity Leave
- Duration: Fathers are entitled to 10 consecutive calendar days of paid paternity leave.
- Timing: This leave must be taken within the period starting from the date of the child's birth or from the date the mother or child is discharged from the hospital, whichever is later.
- Payment: Paternity leave is paid by the employer.
- Special Cases: The paternity leave is extended to 20 consecutive calendar days in cases of premature birth or multiple births, and 30 consecutive calendar days in cases of severe complications during birth or severe disability of the child.
Adoption Leave
- Duration: Employees who adopt a child under 16 years of age are entitled to 30 consecutive calendar days of paid leave.
- Timing: This leave starts from the day the child is handed over to the employee.
- Payment: Adoption leave is paid by the employer.
Other Types of Leave
Beyond the main categories, Peruvian labor law and common practice recognize other types of leave for specific circumstances.
- Bereavement Leave: While not explicitly mandated by a specific national law with a fixed duration for all cases, some collective bargaining agreements or internal company policies grant a few days of paid leave (e.g., 3-5 days) in the event of the death of a close family member (spouse, parent, child, sibling).
- Study Leave: There is no general legal entitlement to paid study leave. Some employers may offer it as a benefit, or it might be included in collective agreements.
- Sabbatical Leave: Sabbatical leave is not a legally mandated entitlement in Peru. It may be offered by employers as a discretionary benefit, often for long-serving employees.
- Leave for Union Activities: Employees who are union representatives may be entitled to paid time off to attend to union duties, as stipulated by law and collective agreements.
- Leave for Civic Duties: Employees are entitled to paid time off to fulfill mandatory civic duties, such as serving on an election committee.
