Maternity leave: analysis of a recent labour court ruling

ECIJA GPA’s Employment Law department has published a new briefing note, drafted by Francisco Dávalos, Head of the department, on a recent judgement by the Provincial Court of Justice of Pichincha which analyses the scope of maternity leave and the payment of the corresponding allowance by the IESS.

In this specific case, the Court recognised a female employee’s right to receive payment of an additional two weeks’ maternity allowance, taking into account a 14-week leave period and applying international standards – in particular ILO Convention No. 183 – as well as constitutional criteria relating to enhanced protection of maternity, breastfeeding, equality, social security and the right to care.

Whilst the judgement clarifies that its effects are limited to the parties to the proceedings and do not generally amend the current legislation, the Court ordered that the case be referred to the Constitutional Court so that it may rule on the matter with general effect.

We invite you to read our information note to find out about the main criteria of this decision and the key points that employers and employees should consider in light of this significant legal precedent.

For further information or specialist advice, please contact Francisco Dávalos and our Employment Law team.