Law No. 31602 seeks to establish the conditions for the leave of absence for death of immediate family members for private sector workers.
The leave for death of a family member, in the case of workers in the private sector in Peru, is a period of time that a worker has to not attend his workplace and disconnect from his work activity, in order to assimilate your grief and if necessary to be able to carry out any procedure related to the death of the family member.
As of November 5, 2022, bereavement leave is legally established in the event of the death of a family member of an employee, since before the aforementioned law, it was only established by company policy through collective bargaining agreements, these days as leave.
With Law 31602, the granting of five (5) calendar days of leave to private sector workers in the event of the death of a specific family member has been regulated.
Article 1. Leave of absence for death of family members.
Leave of absence for death of spouse, parents, children and siblings is granted for a term of five (5) calendar days. When the death occurs in a different geographical location from where the worker’s workplace is located, the leave is extended for the term of the distance, according to the regulations.
Article 2 also specifies that the benefits obtained by the workers on leaves of absence, by unilateral decision or by collective bargaining agreement, remain in force as long as they are more favorable to the worker. In this sense, this article is very important because it allows the worker not to be deprived of the benefits not expressly indicated in the aforementioned regulation.
The aforementioned norm has excluded other family members such as uncles, nephews, nieces, grandparents, cohabitant with a recognized common-law marriage, etc. However, by agreement between the parties, or by company policy, the employer may grant leave upon the death of the aforementioned subjects.
Dr. Rina Bendezú Hernández
Lawyer - Registry, Notary and Civil Area
