The magazine Gaceta Judicial, in its issue no. 430, published an article authored by our lawyer Laurenys Santana Hilario, entitled «Parental leave and gender equality in the Dominican work environment». Below, we share the full article:
PARENTAL LEAVE AND GENDER EQUALITY IN THE DOMINICAN WORKPLACE
Parental Leave can be defined as paid leave granted to parents – both mothers and fathers – in order to allow them to take care of their newborn children and guarantee a caring environment in their first years of life, a critical stage for their physical, emotional and cognitive development. This benefit ensures that they will not lose their jobs or have their working conditions affected.
Unlike maternity or paternity leave, which are usually delimited by gender and directly linked to childbirth or the biological bond, parental leave seeks to equally recognize the role of both parents in parenting, strengthening the emotional bond, promoting child well-being and favoring gender equality in the domestic and professional spheres.
From the perspective of children’s rights, UNICEF has highlighted that the absence of these public policies aimed at sustainable human development, or their unequal distribution by gender, has direct consequences on children’s health, the well-being of mothers and the sustainability of economies.
In the Dominican Republic, the Labor Code does not explicitly contemplate parental leave as a measure of shared co-responsibility between mother and father. Instead, it establishes differentiated leave according to gender, which can be increased through the Collective Agreements of working conditions generated in each company. However, the law divides them as follows:
- Women: Articles 51 and 236 et seq. recognize a suspension of the paid employment contract for maternity leave, consisting of six weeks before and six weeks after childbirth (12 weeks in total). This period was increased to fourteen weeks by Resolution No. 211-14 approving Convention No. 183 on Maternity Protection, adopted by the International Labour Organization in 2000. Unused prenatal time can be added to the postnatal period, and if you have acquired your right to vacation, you can request that it be granted immediately at the end of that period.
- Man: Article 54 grants two working days of paid leave in the event of the birth of the wife or partner. This period is only surpassed by Decree 312-22, which extended paternity leave in the public administration to fifteen working days.
This break, in particular, provides time for mothers to recover physically after having gone through childbirth. Therefore, this rest is mandatory and is imposed on both the employer and the worker, without it being unknown or reduced, including in this last aspect, paternal leave. The purpose of this figure as part of the reconciliation of work and family life of the parents of the household transcends the limits of the individual employment contract and pursues family protection.
Child welfare and exclusive breastfeeding as a guiding principle of the parental leave system
From an international normative approach, the International Labour Organization (ILO) has indicated that the well-being of the child must be the guiding principle of any system of parental leave, understanding this leave as an extended form of social protection for the family.
As an essential element of the child’s well-being, we will particularly highlight the recommendation of the World Health Organization (WHO) on exclusive breastfeeding during the first six months of life, considered a key strategy for child health and development. Studies in countries with different levels of economic development have shown that exclusively breastfed babies have lower rates of respiratory, gastrointestinal, and auditory infections. For example, a 50% reduction in the risk of ear infections, 63% fewer upper respiratory infections, and 64% fewer episodes of diarrhea have been observed, compared to non-breastfed babies. In addition, breastfeeding is associated with better neurocognitive development, which has long-term repercussions on school performance and the child’s emotional well-being.
In the Dominican Republic, Article 240 of the Labor Code states that workers are entitled to three daily breaks of at least twenty minutes each to breastfeed during the baby’s first year. This time is considered part of the working day, so it is paid. The regulation also contemplates the possibility for the mother to move home or for the company to provide her with an adequate space for breastfeeding.
Although this provision represents an advance in terms of work-life balance, it is insufficient to guarantee exclusive breastfeeding for six months, especially in work environments where there are no logistical or cultural conditions to support this practice. The lack of adequate facilities, the pressure to return to work after the expiry of the leave period, which is less than the time considered essential for exclusive breastfeeding, and institutional ignorance, limit the effective exercise of this right.
Paternity Leave and Its Implications for Parenting and Family Equity
Parental co-responsibility not only strengthens the emotional bond between father and child, but also promotes a model of equity at home and in the workplace. In the Dominican context, the period granted to the father by the current Labor Code is clearly insufficient for him to participate actively in the care of the newborn and in the process of emotional and physical adaptation that the mother goes through during the postpartum period.
This period barely allows the father to accompany the mother in the birth, return home and comply with the child’s civil registration procedures. Subsequently, the father figure disappears from the normative scenario, leaving the mother as the only main caregiver at a critical moment.
Studies in developmental psychology and family health have shown that the active participation of the father in the first months of the child’s life has a positive and lasting impact on the emotional, social and cognitive development of the child, stimulating secure attachment, social skills and improving the levels of self-esteem in the child. In this sense, this leave should not be seen only as a labor right, but as an essential tool of public policy aimed at the integral well-being of children.
The presence of the father is also essential for the mother to share the responsibilities of child care, helping to reduce the physical and emotional overload that often falls exclusively on her.
In a relevant precedent, the Constitutional Court, through judgment TC/0901/23, ruled that the provision contained in article 54 of the Labor Code was annulled and that the National Congress should establish a new period of paternity leave that was more in line with the principles of equality, reasonableness, family rights and the best interests of the child. in accordance with Articles 39, 40.15, 55 and 56 of the Constitution. This exhortation represents a call for the modernization of labor legislation and the recognition of the active role of the father in upbringing.
Maintaining and supporting the criterion upheld by the Court, the new period of paternity leave must be progressively adjusted according to the social and economic conditions of the country, with a view to guaranteeing the real and effective exercise of responsible parenthood and in conditions of gender equality.
This advance could also translate into significant economic savings for families. By extending home care and breastfeeding, the expenses of daycare and food formulas are reduced, in addition to reducing the child’s exposure to environments with a higher risk of infectious diseases, which favorably affects their health and reduces the associated medical costs.
Equal rights and duties between men and women in the labour sector
The Labor Code establishes in its Principle X that «the worker has the same rights and obligations as the worker«, clarifying that the special provisions provided have as their fundamental purpose the protection of maternity. Specifically, Article 231 reaffirms that «women enjoy the same rights and have the same duties as men with regard to labor laws, with no exceptions other than those established in this title, the purpose of which is the protection of maternity.»
In its revision of the Maternity Protection Convention, the ILO specifies that this type of leave must guarantee equal opportunities and treatment between male and female workers, as well as contribute to the healthy development of the child and the balanced participation of men and women in family life.
Although this principle is established, the imbalance in the time given to each parent evidences a still traditional perspective of the role of women as the main caregivers. This approach perpetuates structural inequalities that affect family dynamics, equal access to employment, and the construction of emotional bonds between the father and the newborn.
Conclusion
Building a more just and equitable society requires a constant evolution of labour policies aimed at reflecting a truly inclusive approach. It is imperative to guarantee the right to exclusive breastfeeding, promote parental co-responsibility and eradicate hiring biases, promoting healthier, more dynamic and productive work environments, for the benefit of both families and companies.
The implementation of responsible parental leave requires articulating a strategy based on three pillars: (i) a cultural change that normalizes co-responsibility from birth; (ii) strong government support through subsidies or tax incentives; and (iii) a gradual application that allows the adaptation of small and medium-sized enterprises without affecting their economic sustainability.
This cultural change, consistent with the guidelines of international organizations and precedents such as that of the Dominican Constitutional Court, seeks to eradicate deep-rooted gender stereotypes and guarantee effective compliance with the principles of equality and non-discrimination, which is why it is advocated to promote a scheme of real co-responsibility in the care of the newborn. strengthening the paternal role, relieving the burden on the mother and favoring the emotional development of the infant.
References
- (2024). Benefits of paternity leave for companies. https://www.buk.co/blog/beneficios-de-la-licencia-de-paternidad-para-las-empresas-buk
- Labor Code of the Dominican Republic. (1992). Law No. 16-92. https://docs.republica-dominicana.justia.com/nacionales/codigos/codigo-de-trabajo.pdf
- Government of the Dominican Republic. (1993). Decree No. 258-93 approving the Regulations for the Application of the Labour Code. https://transparencia.mt.gob.do/images/docs/base_legal/decretos/decreto-258-93-aplicacion-ct.pdf
- International Labor Organization. (1999). Maternity protection at work: Revision of the Maternity Protection Convention (Revised), 1952 (No. 103) and the Maternity Protection Recommendation, 1952 (No. 95). ILC87 – Maternity protection at work
- World Health Organization. (2023). Infant and young child feeding. https://www.who.int/es/news-room/fact-sheets/detail/infant-and-young-child-feeding
- Presidency of the Dominican Republic. (2022, June 14). Decree No. 312-22: Amends the Regulations on Labor Relations in the Public Administration to review maternity and paternity-related leaves and permits. Retrieved from https://presidencia.gob.do/sites/default/files/decree/2022-06/Decreto%20312-22.pdf
- (2023). Benefits of Paternity Leave: Everything You Need to Know. https://www.shiftbase.com/es/glosario/permiso-de-paternidad
- Constitutional Court of the Dominican Republic. (2023). Judgment TC/0901/23: File no. TC-01-2020-0056, relating to the direct action of unconstitutionality filed against the final part of article 54 of Law No. 16-92, Labor Code of the Dominican Republic. https://tribunalsitestorage.blob.core.windows.net/media/53822/tc-0901-23-tc-01-2020-0056.pdf
- UNICEF Dominican Republic. (2023, May 31). UNICEF supports proposals to gradually increase paternity leave. Retrieved from https://www.unicef.org/dominicanrepublic/comunicados-prensa/unicef-apoya-propuestas-de-aumentar-paulatinamente-la-licencia-por-paternidad
- (2020). Maternity and paternity in the workplace in Latin America and the Caribbean. United Nations Children’s Fund. Maternity and Paternity in the Workplace in Latin America and the Caribbean | UNICEF
- (2021). Parental leave: A review of policies and outcomes for children. https://www.unicef.org/media/95126/file/Parental-Leave-ES.pdf
***Russin, Vecchi & Heredia Bonetti offers this publication for general information only and should not be considered legal advice for specific cases.
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