The Constitutional Court (TC) ruled that the paternal leave authorized in the Dominican Labor Code violates the Constitution. The Labor Code gives fathers a two day paternity leave when a child is born. The TC declared Art. 54 of Labor Code Law 11-92 in violation of the Constitution. The limited paternity leave violates the right to equality between genders and the principle of reasonableness.
The TC ruling establishes that the final part of article 54 of the Labor Code also violates family rights and the principle of keeping to the child’s best interests, established in articles 39, 40, 15, 55 and 56 of the Constitution.
The Constitutional Court gives the National Congress two years to correct the situation. The Chamber of Deputies has approved a bill that extends the paternity leave. The bill is pending approval by the Senate. The TC calls for a paternity leave that is reasonable and based on the principle of equality and that adjusts to the socioeconomic reality of the country.
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El Caribe
22 November 2023