A new law modifying the right to leave for employees in the public and private sectors in relation to medical assistance and rehabilitation therapy for individuals with disabilities in their care was recently published in the Peruvian Official Gazette ‘El Peruano’ (Supreme Decree N° 009-2019-TR).
The revised provisions are set out below.
The decree applies to employees who:
- have minor children with disabilities;
- have minors with disabilities under their guardianship;
- are designated as support for an adult with a disability or condition creating dependency.
Paid leave will be granted:
- for each disabled minor child;
- for each person with a disability under an employee’s guardianship;
- for each designation of the employee as support of an adult person with a disability in a condition creating dependency.
The procedure to apply for leave is as follows:
- Employees should submit a request indicating the reasons, days and times they wish to use the leave hours.
- Employees who are guardians must provide evidence of guardianship.
- Provide an attendance certificate giving evidence of the medical treatment or rehabilitation that the dependent person is undergoing.
- Name the dependent disabled adult for whom they have been designated as support, if applicable.
The employer may grant employees who have been designated as support for persons with disabilities the following:
- Flexibility in their arrival time at work.
- Leave. If additional hours are required (beyond the 56 hours per year granted under these provisions) then that time must be made up by the employee if he or she takes time off and has already used all 56 hours, then those missing hours must be worked another day.
- The ability to take vacation day the right to which has expired or not yet been granted.
- Modifications of working hours, shifts and working days.
- Reassignment of working functions.