Paternity and maternity leave for independent workers in Colombia: payment via EPS

Quick answer: does an independent worker have the right to collect leave?

Yes. Independent workers affiliated with the Contributory Health Regime in Colombia have the right to the recognition and payment of the economic benefit for maternity leave (18 weeks) and paternity leave (2 weeks), provided they maintain their active affiliation as contributors and have made health contributions as active contributors during the gestation period in accordance with Decree 1427 of 2022.

The amount paid by the EPS is not a gift or a welfare subsidy; it is an economic benefit derived from your contributions on the PILA form. However, there is much confusion about how many months must be contributed, what happens if there was an overdue payment or if you only contributed for part of the pregnancy, and what the exact documents are to file without the EPS returning the request.

Legal duration of leaves in Colombia

According to labor legislation (Law 2114 of 2021 and the Substantive Labor Code), the current parental leaves establish the following periods:

• Maternity leave: 18 calendar weeks paid for the pregnant mother. In cases of multiple or premature births, the leave is extended according to the weeks of gestation that were missing or the number of children born.
• Paternity leave: 2 calendar weeks paid for the father, which must be enjoyed within the first 30 days following the date of birth or the official handover of the adopted minor.
• Adoption: The system recognizes a single extension maternity leave for the adoptive mother or whoever is in charge of the minor, and a paternity leave if the conditions are met; both deadlines are counted from the official handover of the child.

EPS requirements for independent workers on maternity leave

For the EPS to authorize the payment of maternity leave to an independent contributor, three fundamental conditions are verified:

1. Be affiliated and active as a contributor: This does not apply to beneficiaries of the contributory regime nor to those affiliated with the subsidized regime. You must be paying your health contributions as an active contributor. Although the PILA form normally also calculates pension contributions for independent workers, the EPS verifies health contributions to recognize this benefit.
2. Have contributed during the gestation period: The general rule indicates that the mother must have contributed continuously during the months of gestation. However, if she did not contribute for all the months, the EPS cannot arbitrarily deny payment; it must apply proportionality rules.
3. Possess a medical leave issued or transcribed by the EPS: The attending physician must issue the certificate stating the probable date of delivery or the actual date of delivery, the weeks of gestation, and the authorized days of rest.

What happens if you did not contribute during the entire pregnancy? Proportionality rules and IBC

One of the biggest fears for independent workers is having started contributing in the second or third month of pregnancy. Historically, many EPS offices challenged or rejected the request, citing 'lack of continuous contribution'.

The Decree 1427 of 2022 regulates these recognition criteria. When the independent worker has contributed for a period shorter than the gestation period, the EPS must calculate and pay the leave proportionally to the time contributed, ensuring the economic protection of maternity.

The special SMMLV rule

If the contributor pays on the base of 1 SMMLV, the jurisprudence of the Constitutional Court and the regulations of the Ministry of Health protect the vital minimum.

Pay attention to the contribution base: The leave is calculated on the Base Contribution Income (IBC) reported on the PILA form at the beginning of the leave. If you want to review the caps and payment percentages for contributions as an independent worker, check the guide on how to pay contributions as an independent worker in Colombia.

Paternity leave for independent workers: requirements and 30-day deadline

The independent father is entitled to his 2 weeks of paid leave covered by the EPS. To collect it correctly, he must pay attention to the time factor:

• Maximum filing deadline: The birth certificate must be presented to the EPS within the 30 days following birth.
• Weeks contributed: Just as with maternity leave, the payment of paternity leave is calculated proportionally if the father contributed only during part of the required gestation period.
• Required document: Clear copy of the Birth Certificate (showing the father's name) or the handover document for the minor in adoption processes.

Step-by-step: how to file for leave with the EPS

As an independent worker, you must carry out the transcription and collection process yourself (unlike a dependent employee, where the employer manages the collection with the EPS):

1. Obtain the medical certificate: Request the leave certificate issued by your IPS or a doctor attached to your EPS network. If the birth was attended at a non-affiliated clinic, you must request the epicrisis and the certificate from the attending physician to carry out the transcription of the leave.
2. Gather supporting documentation:
   • Copy of the citizen ID or foreign ID card.
   • Medical leave certificate or birth certificate (for paternity).
   • Bank certification in the name of the independent contributor so that the EPS can make the electronic transfer.
3. File via the virtual portal or service point: Many EPS providers have 'Virtual Procedures / Economic Benefits' modules for attaching PDFs. If you do it in person, save a copy with the receipt stamp.
4. Follow up on payment: Once the request is audited and approved, the EPS makes the deposit into the registered bank account during the regular economic benefit payment cycles.

What to do if the EPS denies or delays payment?

If you meet the requirements and the EPS issues an unjustified challenge or rejection, you have the following defense mechanisms:

• Appeal or response to the challenge: Submit a clarifying letter to the same EPS, attaching the PILA form payment receipts that prove your contributions during gestation.
• Administrative complaint to the National Superintendency of Health: You can file a PQRSD on the Supersalud portal regarding the non-payment of economic benefits. The entity can oversee administrative actions and require the EPS to act, but it does not replace a judge in a litigious controversy regarding the calculation.
• Judicial route, if the controversy persists: Economic disputes regarding payment or settlement may fall under the Ordinary Labor Jurisdiction. The 'acción de tutela' (protection action) applies exceptionally when the lack of payment threatens or violates the vital minimum of the mother, father, or newborn; it is not an automatic mechanism to collect any sum.

Frequently Asked Questions

❓ Does the EPS pay maternity leave to an independent contributor?

Yes. The EPS pays the economic benefit to the independent worker who is enrolled as an active contributor in the contributory regime and has made their contributions to the health system during the gestation period.

❓ How many months must I contribute to be paid the full leave?

The general rule requires contributing during the entire gestation period. However, according to Decree 1427 of 2022, if you contributed for less time, the EPS must calculate the payment proportional to the number of days contributed relative to the actual gestation period.

❓ How much money does the EPS pay for maternity leave?

The EPS calculates the leave based on the Base Contribution Income (IBC) reported at the start of the maternity leave. No maternity leave can be calculated for an amount lower than the current legal minimum wage (SMMLV) at the start of the leave.

❓ What is the deadline for an independent father to process paternity leave?

The father must present the Birth Certificate to the EPS within 30 calendar days following the baby's birth.

❓ What documents does the EPS require to transfer the leave payment to an independent worker?

A medical certificate for the leave (or Birth Certificate for paternity), a copy of the identity document, and bank certification in the name of the independent contributor for direct deposit are required.