TC eliminates the two days of Paternity leave

Santo Domingo.- The Constitutional Court of the Dominican Republic has revoked the two days of paternity leave for workers that were established in the Labor Code. The court ruled that this provision violated several articles of the Dominican Constitution, including articles 39, 40, paragraph 15, 55, and 56.

The judges of the court found that the final part of article 54 of the Labor Code failed to comply with the right to equality, the principle of reasonableness, family rights, and the principle of the best interests of the child, all of which are protected by the Dominican Constitution.

The direct action of unconstitutionality was filed on November 4, 2020, by lawyers Alberto Fiallo-Billini Scanlon and Reny del Jesús Mazara.

The Constitutional Court has granted a two-year period to the National Congress to review the relevant part of the Labor Code regarding paternity leave. The court’s decision aims to establish a new duration period that aligns more closely with principles of equality and reasonableness, with the ultimate goal of guaranteeing responsible parenthood in conditions of gender equality.

The judges’ decision reflects the importance of upholding constitutional principles and ensuring that labor laws are in line with the country’s legal framework.

It’s worth noting that there have been efforts in the Dominican Republic’s legislature to increase paternity leave, with proposals to extend it to 10 days, but these efforts have not yet been successful in becoming law.