Navigating employee leave entitlements is a critical aspect of managing a workforce in Argentina. The country's labor laws provide clear guidelines on various types of leave, ensuring employee well-being and compliance for employers. Understanding these regulations is essential for businesses operating in Argentina, whether they have a local entity or are employing remotely through an Employer of Record.
Argentine labor legislation mandates specific entitlements for annual vacation, public holidays, sick leave, parental leave, and other special circumstances. Adhering to these requirements is not only a legal obligation but also contributes to positive employee relations and operational stability.
Annual Vacation Leave
Employees in Argentina are entitled to paid annual vacation leave, the duration of which is determined by their length of service with the same employer. This leave is mandatory and must be granted by the employer.
The minimum vacation entitlement is as follows:
| Length of Service | Minimum Vacation Days |
|---|---|
| Up to 5 years | 14 consecutive days |
| More than 5 to 10 years | 21 consecutive days |
| More than 10 to 20 years | 28 consecutive days |
| More than 20 years | 35 consecutive days |
Vacation leave must generally be granted between October 1st and April 30th of the following year. The employee must be notified of their vacation period at least 45 days in advance. Vacation pay is calculated based on the employee's normal and habitual remuneration at the time the leave begins, divided by 25, and multiplied by the number of vacation days.
Public Holidays and Observances
Argentina observes a number of national public holidays throughout the year. Employees are generally entitled to a paid day off on these dates. If an employee is required to work on a public holiday, they are typically entitled to double pay for the hours worked. Some holidays are fixed dates, while others are movable or designated as non-working days (feriados trasladables or días no laborables).
Here is a list of standard public holidays observed in Argentina. Note that movable holidays and bridge holidays (feriados puente) may be added or adjusted annually.
| Date | Holiday | Type |
|---|---|---|
| January 1 | New Year's Day | Fixed |
| February | Carnival (2 days) | Movable |
| March 24 | Day of Remembrance for Truth and Justice | Fixed |
| March/April | Good Friday | Movable |
| April 2 | Day of the Veterans and Fallen of the Malvinas War | Fixed |
| May 1 | Labour Day | Fixed |
| May 25 | May Revolution | Fixed |
| June 17 | Anniversary of the Passing of Gen. Martín Güemes | Fixed (Movable) |
| June 20 | Flag Day | Fixed (Movable) |
| July 9 | Independence Day | Fixed |
| August 17 | Anniversary of the Passing of Gen. José de San Martín | Fixed (Movable) |
| October 12 | Day of Respect for Cultural Diversity | Fixed (Movable) |
| November 20 | National Sovereignty Day | Fixed (Movable) |
| December 8 | Immaculate Conception Day | Fixed |
| December 25 | Christmas Day | Fixed |
Note: Movable holidays are observed on the Monday following the original date if the date falls on a Tuesday or Wednesday, or on the Monday preceding the original date if it falls on a Thursday or Friday. Bridge holidays are often added to create long weekends.
Sick Leave Policies and Pay
Employees in Argentina are entitled to paid sick leave in case of illness or non-work-related accidents that prevent them from working. The duration of paid sick leave depends on the employee's seniority and whether they have family responsibilities.
| Length of Service | With Family Responsibilities | Without Family Responsibilities |
|---|---|---|
| Up to 5 years | 6 months | 3 months |
| More than 5 years | 12 months | 6 months |
During the paid sick leave period, the employee receives their full salary. To be eligible, the employee must notify the employer of their illness and provide a medical certificate. The employer has the right to verify the employee's condition through their own medical service. If the illness or accident is work-related, it falls under the work injury compensation system (ART - Aseguradora de Riesgos del Trabajo), which has different provisions.
Parental Leave
Argentine law provides specific leave entitlements for new parents, primarily focusing on maternity leave.
- Maternity Leave: Pregnant employees are entitled to 90 days of paid maternity leave. This leave can be taken 45 days before the expected due date and 45 days after childbirth, or optionally, the employee can choose to reduce the pre-natal leave to a minimum of 30 days and accumulate the remaining days for the post-natal period (up to 60 days). During maternity leave, the employee receives a subsidy from the social security system (ANSES), equivalent to their net salary.
- Paternity Leave: Fathers are entitled to a short period of paid leave upon the birth of a child. The statutory minimum is 2 consecutive days. Collective bargaining agreements may provide for longer periods.
- Adoption Leave: Employees who adopt a child are entitled to 60 days of paid leave, starting from the date the child is granted custody for adoption.
Upon returning from maternity leave, the employee has certain options, including returning to their job, resigning and receiving compensation equivalent to 25% of their severance pay, or requesting unpaid leave for a period between three months and six months (period of leave for care).
Other Types of Leave
In addition to the main categories, Argentine labor law and common collective bargaining agreements provide for other types of paid leave for specific events:
- Marriage Leave: Employees are typically entitled to 10 consecutive days of paid leave for marriage.
- Bereavement Leave: In the event of the death of a close family member (spouse, child, parent), employees are usually entitled to 3 consecutive days of paid leave.
- Leave for Moving: Employees are generally entitled to 1 day of paid leave for moving house.
- Study Leave: While not a general statutory right for all employees, many collective bargaining agreements grant paid leave for employees taking exams related to their studies, often with limits on the number of days per year.
- Leave for Blood Donation: Employees are typically entitled to 1 day of paid leave for donating blood.
Specific entitlements for these and other types of leave can vary based on applicable collective bargaining agreements, which may offer more generous provisions than the minimums set by law.
