Las domestic workers (workers of private homes) have the right to vacation days based on seniority and licenses for maternity, illness, study and those related to their family responsibilities.
The employer has to pay all legally established licenses, with the exception of the maternity leave. Anses is the one who pays for this last license, said the Government on its web portal.
Personnel from private homes are considered to be those who provide services or tasks cleaning, maintenance or other typical household activities.
It also covers the personal assistance and accompaniment to family members or who live at the same address with the employer, as well as the non-therapeutic care of people sick or disabled.
Domestic workers: how to apply for sick leave
The worker has the right to a sick leave. The duration of this license depends on its seniority:
– Up to 3 months per year if seniority in the job is less than 5 years
– Up to 6 months if the seniority is greater than 5 years
How to proceed
The worker must notify that she is sick from the first day unable to go to work as a result of illness.
You must prove this situation through a medical certificate.
During the license –and for the corresponding time according to their seniority– the fee must be paid. same remuneration that he had been receiving (in case of increase, it must also be paid).
The employer has the right to hire a replacement while the worker is on leave. In this case, you must register her as a casual workerwith a predetermined date of termination of the employment relationship.
Domestic workers: how to request maternity leave
The worker has the right to have maternity leave. The duration of this maternity leave is 90 calendar days.
The worker must take 90 calendar days off compulsory maternity leave.
It can be taken 45 days before and 45 days after the probable date of delivery (according to a medical certificate), or 30 days before and 60 days after. Meanwhile, if the delivery is brought forward, the 90 days must be completed.
During leave, the Anses pays the worker the maternity benefit (one of the family allowances provided), which is equivalent to the salary that you receive on a regular basis. However, the employer you must pay until the license becomes effective.
During this time, the employer can hire someone else under the modality of temporary worker: when registering with the AFIP, you must include the date of discharge.
Process the maternity leave of the worker
If the worker is pregnant, she must submit to her employer the medical certificate informing the pregnancy, with the “probable date of delivery”. In addition, you must notify you if the leave will expire 45 days before and 45 days after of the probable date of delivery or 30 days before and 60 days after the probable date of delivery.
The procedure in the Anses must be done by the worker personally approaching one of their offices. She must submit, well in advance, the medical certificate informing the pregnancy and a set of documentation that you must complete with your employer/res.
Until the Anses maternity benefit becomes effective, the employer must continue to pay the salary of the worker
Domestic employees: other licenses
The worker of private homes has the right to leave days related to their family responsibilities.
– Marriage: 10 calendar days
– By birth of son in the case of a male worker: 2 calendar days
– Death spouse or cohabitant, children or parents: 3 calendar days
– Death from brother: 1 day
– To render exam: 2 calendar days, per exam
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