Countries › Dominican Republic › Guide › 7. Labor and employment › Leave and family protections in the Dominican Republic: maternity, paternity, sick pay and dismissal shields

Leave and family protections in the Dominican Republic: maternity, paternity, sick pay and dismissal shields

Last verified: 2026-10-30 · Status: Changing

The code's maternity leave is 12 weeks, but the social security subsidy has been 14 weeks since Convention 183 was applied. Fathers get two paid days, marriage five and bereavement three. Dismissing a pregnant worker or a new mother is tightly restricted, with five months of extra pay as the penalty for skipping the process.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.9007 per US dollar for 29 October 2026, as shown on its home page on the verification date, rounded to the cent.

Key facts

Maternity subsidy	14 weeksLey 87-01 art. 132 and note 28, as of 2026-10-30 · in force
Code minimum maternity rest	12 weeksLey 16-92 art. 237, as of 2026-10-30 · in force
Contribution needed in the 12 months before birth	8 monthsLey 87-01 art. 132, as of 2026-10-30 · in force
Paid leave on birth of a child	2 daysLey 16-92 art. 54, as of 2026-10-30 · in force
Paid marriage leave	5 daysLey 16-92 art. 54, as of 2026-10-30 · in force
Paid bereavement leave	3 daysLey 16-92 art. 54, as of 2026-10-30 · in force
Extra payment for dismissing a protected worker without clearance	5 months of salaryLey 16-92 art. 233, as of 2026-10-30 · in force
Sickness subsidy, outpatient	60 %Ley 87-01 art. 131, as of 2026-10-30 · in force
First subsidized day of sickness	4 dayLey 87-01 art. 131, as of 2026-10-30 · in force
Exchange rate used for USD conversions	60.9007 DOP per USDBanco Central reference selling rate, as of 2026-10-29 · in force

The rule

1. Paid leave is five days for marriage, three days for the death of a grandparent, parent, child or partner, and two days for the birth of a child to a registered wife or partner.Ley 16-92, Código de Trabajo, art. 54, 1992-05-29 official text · verified 2026-10-30

2. Pregnant workers get six weeks of rest before the expected birth and six weeks after, never less than 12 in total. Unused time before birth moves to after birth, and the worker keeps the job and all rights.Ley 16-92, Código de Trabajo, art. 236 and art. 237, 1992-05-29 official text · verified 2026-10-30

3. The compiled text of Ley 87-01 gives an insured worker a maternity subsidy of 14 weeks of contributable salary if she paid at least eight of the 12 months before birth and does no paid work during the period. This frees the employer from the full salary duty in art. 239 of the code.Ley 87-01 as amended, art. 132 and note 28, 2001-05-09 official text · verified 2026-10-30 · changed: The CNSS compilation notes the change from three months to 14 weeks under ILO Convention 183, approved by Resolución 211-14, and CNSS Resolución 418-02 of 30 March 2017.

4. Rest is paid at ordinary salary. For a worker covered by social security the code splits it half from the employer and half from insurance, and Ley 87-01 art. 132 now frees the employer of the salary duty when the subsidy conditions are met.Ley 16-92, Código de Trabajo, art. 239, 1992-05-29 official text · verified 2026-10-30

5. If pregnancy or birth makes the worker unable to work beyond these periods, she has unpaid leave for as long as doctors say, provided the employer is current on contributions or she has cover.Ley 16-92, Código de Trabajo, art. 241 and art. 242, 1992-05-29 official text · verified 2026-10-30

6. Children under one of insured workers with contributable salary under three national minimum salaries receive a nursing subsidy for 12 months.Ley 87-01 as amended, art. 132, 2001-05-09 official text · verified 2026-10-30

7. During nursing the worker gets three paid breaks of at least 20 minutes during the shift. For the first year she may also take half a day a month for pediatric care.Ley 16-92, Código de Trabajo, art. 240 and art. 243, 1992-05-29 official text · verified 2026-10-30

8. If she asks for vacation right after postnatal rest, the employer must agree.Ley 16-92, Código de Trabajo, art. 238, 1992-05-29 official text · verified 2026-10-30

9. Notice of termination by the employer is null during pregnancy and until three months after birth. The worker must report the pregnancy by a reliable means with the expected date.Ley 16-92, Código de Trabajo, art. 232, 1992-05-29 official text · verified 2026-10-30

10. No one may be dismissed for being pregnant. Any dismissal of a pregnant worker or within six months after birth must first go to the labor authority to determine if it is linked to pregnancy or birth. Skipping this costs five months of ordinary salary on top of normal entitlements.Ley 16-92, Código de Trabajo, art. 233, 1992-05-29 official text · verified 2026-10-30

11. In non work related illness an insured worker receives a subsidy from the fourth day of incapacity up to 26 weeks, if the worker has contributed for the last 12 months: 60% of contributable salary with outpatient care and 40% when hospitalized.Ley 87-01 as amended, art. 131, 2001-05-09 official text · verified 2026-10-30

12. Illness that temporarily prevents work suspends the contract. The worker must tell the employer the reason within 24 hours.Ley 16-92, Código de Trabajo, art. 51 and art. 58, 1992-05-29 official text · verified 2026-10-30

13. Employer notice given while the contract is suspended for a reason personal to the worker has no effect.Ley 16-92, Código de Trabajo, art. 75, 1992-05-29 official text · verified 2026-10-30

Leave	Length	Who pays
Marriage	5 days	Employer
Death of close family	3 days	Employer
Birth, father	2 days	Employer
Maternity	12 weeks in the code, 14 weeks of subsidy	Social security if conditions are met
Sickness	From day 4 up to 26 weeks	Social security at 60% or 40%
Nursing breaks	3 breaks of at least 20 minutes a day	Employer

Main leave types

Worked example

A worker on RD$60,000 a month is dismissed six weeks after birth without going to the labor authority. Besides what the code owes her, the employer pays five months of ordinary salary, or RD$300,000 (about US$4,926.05).

Step by step

Record any pregnancy notice with the date.
Stop any notice of termination during the protected period.
Send any planned dismissal to the labor authority first.
File for the subsidy through the system and keep contribution proof.
Check that contributions are current, since a gap can shift cost to the employer.

Common traps

The printed code still says 12 weeks, and a 2026 bill proposed 14 weeks in the code, so read the social security text beside it.
If the worker does not meet the eight month test, the code's employer pay duty is still relevant.
The protected period for notice (three months) differs from the one for dismissal (six months).
Failure to register a worker leaves the employer paying what insurance would have paid, under art. 728.

Sources

← Vacation and public holidays in the Dominican Republic: 14 or 18 days and the Monday ruleSocial security in the Dominican Republic: TSS contributions, caps, fines and pension portability →

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