1.The Congress of Colombia through Law 2306 of July 31, 2023, promotes the protection of maternity and early childhood, and the following provisions are dictated.

(i)The right of mothers to breastfeed their children in public spaces without any discrimination or restriction. (ii) Territorial entities and private establishments must build public spaces so that breastfeeding mothers can breastfeed their children in public spaces with high affluence (iii)Additionally, some aspects of paid leave in the breastfeeding stage are modified in search of maternity protection. (iv) A strategy to promote pedagogical information and transform citizen culture should be accompanied so that breastfeeding in public spaces is perceived as something natural 

Paid rest during breastfeeding: 
This Act amends article 238 of the Substantive Labor Code 

(i) The employer will grant the worker 2 breaks of 30 minutes each within the working day during the first 6 months of age; Once this period is over, a break of (30) thirty minutes will be granted, until the age of 2 years of the minor, as long as breastfeeding is continuous. (ii) If for any reason the worker presents a medical certificate to the company justifying more time for breastfeeding, the employer is obliged to grant it. (iii) Employers are obliged to maintain in their facilities an appropriate place such as a lactation room or a place to keep the child, childcare services may be contracted with the institutions. 

See: https://jadelrio.com/storage/Colombia/Flash37/1.LEY2306DEL31DEJULIODE2023.pdf 

2.The Ministry of Health and Social Protection, by filing 202311600342661 of February 21, 2023, specifies the regulations regarding the recognition of disabilities due to general illness. 

(i) Law 100 of 1993 establishes that the contributory regime will recognize disabilities due to general illness. (ii) Disability assistance is defined as the recognition of the economic benefit which is in charge of the Health Promotion Entities. 

(iii) The prescription for the payment of economic benefits is found in article 28 of Law 1437 of 2011, employers are entitled to reimbursement of economic benefits within three (3) years. (iv) The recognition of economic benefits will be made within 15 working days of the presentation of the refund by electronic transfer (v) It is the responsibility of employers to process the recognition of disabilities or licenses.  

See: https://jadelrio.com/Colombia/Flash37/2.Concepto-342661-de-2023-MinSalud.pdf

3. The Ministry of Labor through file No. 02EE2022410600000076669, confirms the discounts allowed for employees when there is a court order or the withholding of 50% of the salary and related to the term quotas of Article 150 of the CST.   

(i) Article 149 of the CST modified by Article 18 of Law 1429 of 2010 The employer may not deduct, withhold, or offset any amount of wages, without an order signed by the worker, for each case, or without a court order. 

(ii) Article 150 of the CST modified by Article 22 of Law 1911 of 2018 Permitted Discounts Discounts and withholdings for union dues and cooperatives and savings banks, legally authorized, are allowed.

(iii) The deductions that proceed under order subscribed by the worker cannot affect the legal or conventional minimum wage or the part of the salary declared unattachable by law. 

(iv) At times when the legal minimum wage or the part of the salary declared unattachable by law is affected, a court order is required to proceed with the withholding. 

(v) Financial cooperatives may order the employer to withhold sums duly authorized by the employee, if it does not affect more than 50% of the minimum wage and that the worker's minimum subsistence is not affected.  

See:  https://jadelrio.com/Colombia/Flash37/3.Concepto-11043-de-2023-MinTrabajo.pdf https://jadelrio.com/storage/Boletines/Colombia/Flash%2037/3.Concepto-11043-de-2023-MinTrabajo.pdf 

The content of this newsletter is merely informative, that´s why it cannot be used under any circumstances as advice on the matter described in it. If you need advice on any of the aspects discussed, our team of professionals will be willing to assist you. contacto@jadelrio.com