On July 23, the Senate approved a bill amending Law No. 19,161, introducing significant changes to the duration of the paternity subsidy provided by the B.P.S. (Social Security Bank).
The new law establishes a gradual extension of paternity leave, ensuring that by January 1, 2026, private-sector workers—both employees and self-employed individuals—will be entitled to 20 consecutive days of paternity leave.
For Dependent Workers
The compensated inactivity subsidy will last 14 consecutive days upon the law's enactment. Starting January 1, 2026, it will extend to 17 consecutive days.
This leave follows the existing 3 days of continuous paternity leave granted by Law No. 18,345, resulting in a total of 17 or 20 days, respectively, for each scenario.
For Non-Dependent Workers
Paternity leave will be 15 consecutive days upon the law’s enactment.
Starting January 1, 2026, it will extend to 20 consecutive days.
Employment Stability
Workers will benefit from a 30-day stability period following their return from paternity leave.
If terminated during this period, employers must pay a special severance equivalent to three salaries, in addition to the regular severance pay, unless the employer demonstrates gross misconduct by the worker or proves that the dismissal is unrelated to paternity leave.
Mandatory and Non-Renounceable Leave
The law explicitly states that both maternity and paternity leave are mandatory and non-renounceable to ensure these periods are fully utilized.
Implementation
The law will take effect 30 days after its promulgation and will apply to:
a) Births occurring after the law's effective date.
b) Births occurring prior to its effective date, provided the paternity leave is still ongoing.
Montevideo, July 2024