Countries › Peru › Guide › 7. Labor and employment › Leave and family protections in Peru: 98 days of maternity leave, 10 days of paternity leave, nursing time and sick pay

Leave and family protections in Peru: 98 days of maternity leave, 10 days of paternity leave, nursing time and sick pay

Last verified: 2026-10-28 · Status: Stable

Pregnant workers have 49 days of prenatal and 49 days of postnatal rest, extendable by 30 days for multiple births or a child with a disability, and dismissal during pregnancy or within 90 days after birth is presumed void unless the employer proves just cause. Fathers get 10 calendar days of paid paternity leave, 20 or 30 days in special cases, and mothers get one hour a day of nursing time until the child turns one. For illness, the employer keeps paying the first 20 days of incapacity each year and EsSalud pays a subsidy from day 21.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 (Decreto Supremo Nº 301-2025-EF, as cited by SUNAT Resolución de Superintendencia Nº 000016-2026). Conversions are for orientation only.

Key facts

Maternity leave (49 prenatal plus 49 postnatal)	98 calendar daysLey 26644 art. 1, as of 2026-10-28 · in force
Extra postnatal rest for multiple births or a child with a disability	30 calendar daysLey 26644 art. 1 (Ley 29992), as of 2026-10-28 · in force
Paternity leave, natural or caesarean birth	10 calendar daysLey 29409 art. 2.1 (Ley 30807), as of 2026-10-28 · in force
Paternity leave for premature or multiple births	20 calendar daysLey 29409 art. 2.2 a), as of 2026-10-28 · in force
Paid nursing time until the child turns one	1 hours per dayLey 27240 art. 1.1, as of 2026-10-28 · in force
Dismissal presumed void during pregnancy and for this period after birth	90 daysTUO DL 728 (DS 003-97-TR) art. 29 e) (Ley 30367), as of 2026-10-28 · in force
Days of incapacity per year paid by the employer before the EsSalud subsidy	20 daysLey 26790 art. 12 a.3, as of 2026-10-28 · in force

The rule

1. A pregnant worker is entitled to 49 days of prenatal rest and 49 days of postnatal rest. She may defer all or part of the prenatal rest and add it to the postnatal rest, telling the employer at least two months before the expected birth date with a medical report. Postnatal rest is extended by 30 calendar days for multiple births or the birth of a child with a disability. Prenatal and postnatal days count as days worked for profit sharing.
Cost to do it: The maternity period is covered by an EsSalud subsidy for insured workers (Ley 26790 art. 12 b), so the direct payroll cost is the replacement staff.Ley Nº 26644 as amended by Ley Nº 30792 and Ley Nº 29992, Art. 1 and 2, 2018-06-15 official text · verified 2026-10-28

2. If the birth comes earlier than the expected date, the days are added to postnatal rest; if later, the extra days are treated as sick leave. The worker can start pending vacation the day after postnatal rest ends, giving 15 days' notice.Ley Nº 26644 as amended by Ley Nº 27402, Art. 3 and 4, 2001-01-20 official text · verified 2026-10-28

3. Dismissal is void if motivated by pregnancy, birth and its consequences or nursing, when it occurs at any time during pregnancy or within 90 days after birth. The motive is presumed if the employer cannot prove a just cause, provided the employer had been notified of the pregnancy in writing before the dismissal. A void dismissal leads to reinstatement unless the worker opts for the indemnity.
Cost to do it: Reinstatement with back pay from the dismissal date if the dismissal is declared void (DS 003-97-TR art. 40).Texto Único Ordenado del Decreto Legislativo Nº 728 (Decreto Supremo Nº 003-97-TR), as amended by Ley Nº 30367, Art. 29 e) and 34, 2015-11-25 official text · verified 2026-10-28

4. Fathers receive 10 consecutive calendar days of paid paternity leave for natural or caesarean birth; 20 days for premature or multiple births; 30 days for a birth with a terminal congenital illness or severe disability, or for serious complications in the mother's health. The leave starts, at the worker's choice, on the birth date, the discharge date or three days before the expected birth. If the mother dies during birth or her leave, the father receives the maternity leave. The worker gives at least 15 days' notice of the expected birth date and may start pending vacation right after the leave.
Cost to do it: Paid by the employer; on S/ 4,000 a month, 10 days cost S/ 1,333.33 (about US$386.25).Ley Nº 29409 as amended by Ley Nº 30807, Art. 2 and 3, 2018-07-05 official text · verified 2026-10-28

5. After postnatal rest, a working mother is entitled to one hour a day of paid nursing time until the child is one year old, two hours for multiple births. It can be split into two equal periods, its timing can be agreed with the employer, and it cannot be compensated or replaced by any other benefit.Ley Nº 27240, permiso por lactancia materna, Art. 1, 1999-12-23 official text · verified 2026-10-28

6. Insured workers are entitled to a temporary incapacity subsidy from EsSalud from the 21st day of incapacity; during the first 20 days of incapacity, counted across the year, the employer keeps paying pay. The subsidy runs while the incapacity lasts, up to 11 months and 10 consecutive days. Incapacity, maternity and other listed causes suspend the employment contract without ending it.
Cost to do it: The first 20 days of incapacity each year; on S/ 4,000 a month, S/ 2,666.67 (about US$772.50).
Example: A worker on S/ 4,000 is off sick for 35 days in one spell: the employer pays the first 20 days (S/ 2,666.67) and EsSalud pays a subsidy for the remaining 15 days. / Employer share about US$772.50.Ley Nº 26790; TUO DL 728 (DS 003-97-TR), Ley 26790 art. 12 a); DS 003-97-TR art. 11 and 12, 1997-05-17 official text · verified 2026-10-28

Worked example

A Lima fintech employs an analyst on S/ 4,000 a month who notifies her pregnancy in writing (DS 003-97-TR art. 29 e).
She defers 20 prenatal days, giving two months' notice and a medical report, so she takes 29 days before and 69 days after the birth (Ley 26644 art. 1 and 2).
During that period EsSalud pays the maternity subsidy; afterwards she takes one hour a day of nursing time until the child's first birthday (Ley 26790 art. 12 b; Ley 27240 art. 1).
A colleague becomes a father and takes 10 paid days, S/ 1,333.33 at his S/ 4,000 salary, starting on the birth date (Ley 29409 art. 2).

Step by step

Keep written records of pregnancy notifications; from that point any dismissal needs a provable just cause (DS 003-97-TR art. 29 e).
Plan cover for 98 days of maternity leave and confirm the worker's EsSalud coverage so the subsidy applies (Ley 26644 art. 1; Ley 26790 art. 12).
Grant paternity leave on the date the worker chooses and pay it through payroll (Ley 29409 art. 2).
Agree the daily nursing hour schedule in writing (Ley 27240 art. 1.2).
Track incapacity days per worker per year: the employer pays the first 20, then request the EsSalud subsidy (Ley 26790 art. 12 a).

Common traps

Pregnancy protection runs from written notice through 90 days after birth; the employer bears the burden of proving a just cause (DS 003-97-TR art. 29 e).
The 20 day employer paid period is counted across all incapacity spells in the year, not per spell (Ley 26790 art. 12 a.3).
Nursing time cannot be bought out or swapped for another benefit (Ley 27240 art. 1.3).
The Congress labor committee has approved reports since 2025 to extend postnatal leave, which are not law until passed and published; check El Peruano for any newly published law before planning long leave.

Sources

← Statutory benefits in Peru: the July and December gratificaciones, the CTS severance fund and 30 days of vacationSocial security in Peru: 9 percent EsSalud, occupational risk insurance (SCTR), and the ONP and AFP pension systems after the 2024 reform →

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