On January 1, 2023, Law 31572, the Telework Law, came into force, which will replace the regulations that regulated remote work, which is also in force to accompany companies in the adaptation process.
With Law 31572, the Teleworking Law, it seeks to establish the rules of the game to give sustainability to this new labor modality, so that it can be beneficial for both the company and the workers.
However, in this new stage of work, and with new regulations, many doubts and concerns appear, and one of them is related to maternity leave and medical breaks.
But we must mention that the maternity and paternity leave will not have any modification in the new stage of teleworking and the worker will have the right to digital disconnection during his rest period.
It should be noted that currently all pregnant workers have the right to enjoy a leave with 45 calendar days of prenatal rest and 45 calendar days of postnatal rest.
Meanwhile, the worker who is a father is entitled to a leave of ten consecutive calendar days from the birth of the minor.
From face-to-face work to teleworking
However, there are cases in which the worker requests to switch from face-to-face work to teleworking after the birth of a baby. That decision will depend on the agreement that the employer agrees with his worker.
There are scenarios in which, for example, a worker after his paternity leave requests access to teleworking for a certain time. For these cases there must be an agreement between employer and worker, as long as the nature of the job allows it.
The case of medical breaks is the same as maternity or paternity leave.
During the medical break, workers who telework have the right to digital disconnection because it is understood that they are unable to work due to an accident or illness.
However, there is the possibility of some disability that prevents face-to-face work but does allow teleworking. For these cases, the doctor should determine the medical leave according to the profile of the job position.