Countries › Colombia › Guide › 7. Labor and employment › Maternity, paternity and family leave in Colombia: 18 weeks of maternity leave, paternity leave, shared leave and breastfeeding breaks

Maternity, paternity and family leave in Colombia: 18 weeks of maternity leave, paternity leave, shared leave and breastfeeding breaks

Last verified: 2026-10-26 · Status: Stable

Colombian mothers get 18 weeks of paid maternity leave (normally one before and 17 after birth), extended for premature, multiple births or a child with a disability, and fathers get two weeks of paid paternity leave; both are paid by the health insurer (EPS) based on contributions. Parents may share the last six weeks of the mother's leave or swap leave for part time work, and mothers get two 30 minute breastfeeding breaks a day for six months and one until the child turns two. Pregnancy tests as a hiring condition and questions about family plans are banned, with fines up to 2,455 UVT, and dismissal during pregnancy or 18 weeks after birth needs Ministry of Labor authorization.

USD figures use the TRM (tasa representativa del mercado) of COP 3,158.43 per US dollar, valid 24 to 26 October 2026, from the official TRM series published by the Superintendencia Financiera on the national open data portal (datos.gov.co). Conversions are for orientation only.

Key facts

Paid maternity leave	18 weeksCST art. 236 (Ley 2114 de 2021 art. 2), as of 2026-10-26 · in force
Paid paternity leave	2 weeksCST art. 236 par. 2, as of 2026-10-26 · in force
Maximum paternity leave if structural unemployment falls	5 weeksCST art. 236 par. 2, as of 2026-10-26 · in force
Weeks of maternity leave the parents may share	6 weeksCST art. 236 par. 4, as of 2026-10-26 · in force
Paid breastfeeding breaks a day during the first six months	2 breaks of 30 minutesCST art. 238 (Ley 2306 de 2023), as of 2026-10-26 · in force
Post birth period with dismissal protection	18 weeksCST art. 239 num. 2, as of 2026-10-26 · in force
Maximum fine for requiring a pregnancy test	2455 UVTCST art. 241A, as of 2026-10-26 · in force

The rule

1. Every pregnant worker is entitled to 18 weeks of paid leave at the salary earned when it starts (average of the last year for variable pay). One week before the probable birth date is compulsory unless the doctor decides otherwise (two weeks before and 16 after, or all 18 after, by medical decision). For premature births the gap to full term is added; for multiple births or a child with a disability the leave is extended by two weeks. Adoptive parents and a father left in charge of the newborn have equivalent rights. The contributory health system pays the leave through the EPS.
Example: A worker on COP 5,000,000 a month receives about COP 21,000,000 over 18 weeks (126 days). / About US$6,648.87.Código Sustantivo del Trabajo, as amended by Ley 2114 de 2021; Ley 100 de 1993, CST art. 236 num. 1 to 6 and par. 1 (Ley 2114 art. 2); Ley 100 art. 207, 2021-07-29 official text · verified 2026-10-26

2. Fathers are entitled to two weeks of paid paternity leave, paid by the EPS in proportion to the weeks the father contributed during the pregnancy; the birth certificate must be filed with the EPS within 30 days. The law allows one additional week for each percentage point fall in structural unemployment against its level when the law took effect, up to five weeks.Código Sustantivo del Trabajo, as amended by Ley 2114 de 2021, Art. 236 par. 2, 2021-07-29 official text · verified 2026-10-26

3. Shared parental leave: the mother must take at least the first 12 weeks after birth, and the parents may freely split the last six weeks by written agreement presented to their employers within 30 days of birth, with the doctor's written approval; the father's own paternity leave is not reduced. Periods cannot be fragmented or taken at the same time except for postpartum illness.Código Sustantivo del Trabajo, as amended by Ley 2114 de 2021, Art. 236 par. 4, 2021-07-29 official text · verified 2026-10-26

4. Flexible part time parental leave: either parent may exchange a period of leave for part time work for twice that period; fathers before week two of paternity leave and mothers not before week 13 of maternity leave.Código Sustantivo del Trabajo, as amended by Ley 2114 de 2021, Art. 236 par. 5, 2021-07-29 official text · verified 2026-10-26

5. The employer must grant two paid 30 minute breastfeeding breaks a day during the child's first six months, and one 30 minute break until age two while breastfeeding continues, plus more breaks with a medical certificate; employers must provide a breastfeeding room or suitable place near the workplace.Código Sustantivo del Trabajo, as amended by Ley 2306 de 2023 art. 6, Art. 238, 2023-07-31 official text · verified 2026-10-26 · changed: Ley 2306 de 2023 (Diario Oficial 52.473, 31 July 2023) added the second period of one daily break until the child turns two.

6. Requiring a pregnancy test as a condition to obtain or keep a job is prohibited (allowed only with consent where the work poses real risks to the pregnancy), and is presumed discriminatory; the employer can be fined up to 2,455 UVT and must hire the candidate. Questions about reproductive plans in job interviews are also prohibited.
Cost to do it: Fine of up to 2,455 UVT, COP 128,578,170 at the 2026 UVT of COP 52,374 (US$40,709.52).Código Sustantivo del Trabajo, as added by Ley 2114 de 2021, Art. 241A (Ley 2114 art. 3), 2021-07-29 official text · verified 2026-10-26

7. A pregnant worker or one within 18 weeks after birth may only be dismissed with prior authorization from the labor inspector based on a just cause; otherwise she is owed an extra 60 days' pay. The same protection applies to a worker whose partner is pregnant and has no formal job.
Cost to do it: 60 days' pay: COP 10,000,000 on COP 5,000,000 (US$3,166.13).Código Sustantivo del Trabajo, as amended by Ley 2141 de 2021, Art. 239 and 240, 2021-08-10 official text · verified 2026-10-26

8. Workers with care responsibilities (older people, minor children, people with disabilities or serious illness, within the second degree) may agree flexible schedules or technology based work with the employer; serious domestic calamity, specialist medical appointments and compulsory school meetings are paid leave.Ley 2466 de 2025; Código Sustantivo del Trabajo, Ley 2466 art. 46; CST art. 57 num. 6 (Ley 2466 art. 15), 2025-06-25 official text · verified 2026-10-26

Leave	Who	Length	Paid by	Rule
Maternity	Mother (or adoptive parent)	18 weeks; plus gap to term for premature births; plus 2 weeks for multiple births or disability	EPS (health insurer)	CST art. 236
Paternity	Father or adoptive parent	2 weeks (up to 5 if structural unemployment falls)	EPS	CST art. 236 par. 2
Shared parental	Both parents	Last 6 of the mother's 18 weeks	Employer or EPS per rules	CST art. 236 par. 4
Breastfeeding breaks	Mother	2 x 30 minutes a day to 6 months; 1 x 30 minutes to 2 years	Employer (paid time)	CST art. 238

Leave around childbirth

Worked example

A product manager on COP 5,000,000 a month (about US$1,583.07) has a baby. She takes one week before and 17 weeks after birth, about COP 21,000,000 of leave pay recognized through the EPS. She and her partner agree in writing that he will take the last two of her 18 weeks; he still keeps his own two weeks of paternity leave. On her return she gets two 30 minute paid breaks a day until the baby is six months old, then one until age two.
During pregnancy and the 18 weeks after birth she cannot be dismissed without the labor inspector's authorization (CST art. 239 and 240).

Step by step

1. Receive the medical certificate with the probable birth date and agree the leave start (CST art. 236 num. 3).
2. Keep paying contributions; the EPS recognizes the leave in proportion to contributions, so keep PILA current.
3. If the parents request shared or part time leave, check the written agreement and the doctor's approval within 30 days of birth.
4. Set up a breastfeeding room or suitable place (CST art. 238 num. 3).
5. Remove pregnancy tests from pre employment exams and record that they are excluded (CST art. 241A).

Common traps

Pregnancy tests in pre employment exams. Fines of up to 2,455 UVT and an obligation to hire (CST art. 241A).
Dismissing the partner of a pregnant woman. Partners without formal employment trigger the same protection once the employer is notified (CST art. 239 num. 5).
Late EPS filings. The birth certificate must reach the EPS within 30 days for paternity and shared leave (CST art. 236).

Sources

← Outsourcing and temporary staffing in Colombia: contractor liability, temporary service agencies, cooperatives and union contractsApprentices and hiring quotas in Colombia: the SENA apprenticeship quota, its cash alternative and the disability hiring quota →