Leave Policy In Guatemala

Earned Leave in Guatemala

• Under the labor guidelines, employees can enjoy 15 consecutive days of annual paid leave after completing 12 months of continuous service with the same employer. 
• Splitting or accumulating annual leave is generally not allowed. However, if the work is special and long absence is not permitted, employees can divide their annual leave into two parts.

Maternity Leave in Guatemala

• Maternity leave in Guatemala lasts 12 weeks or 84 days. It is divided into 30 days of prenatal leave and 54 days of postnatal leave. 
• Maternity leave can also be extended in cases of a medically certified illness due to pregnancy or confinement, but it should not exceed three months. Thus, the original 54 days of post-natal leave can be extended by 36 days to reach the full 90-day limit. 
• Extension of maternity leave is, however, not applicable in cases of multiple births.
• Maternity leave is fully paid for an insured female worker who has paid at least three months of contributions in the six months preceding prenatal leave. 
• Social Security covers two-thirds of an employee's basic wage, while the employer bears the remaining one-third.
• If Social Security does not cover the employee, they are entitled to full wage payment from their employer.
• Also, nursing mothers are provided a one-hour breastfeeding period within ten months of returning to the workplace. It is fully paid.

Parental Leave in Guatemala

In Guatemala, female employees may take nine months of unpaid parental leave. However, this is only applicable after the maternity leave has been exhausted.

Paternity Leave in Guatemala

The Labor Code allows for two days of paid paternity leave to all male employees after the birth of a child.

Adoption Leave in Guatemala

Female employees who have adopted a child are eligible for post-partum leave in Guatemala. However, they must submit all documents and paperwork related to the adoption process to the employer to verify their accuracy.

Public Holidays in Guatemala

Employees are entitled to 12 public holidays in Guatemala. They are namely,

All Guatemala national holidays are fully paid. If an employee is made to work on such a day, it will be considered overtime work and needs to be compensated with 150% of the normal hourly wage rate.

Sick Leave Policy in Guatemala 

• Under labor guidelines, employees in Guatemala receive six months of sick leave. This leave is usually paid, provided the employee contributed for at least three months of the six months preceding the sickness.
• Employees receive sickness benefits for the first 180 days at a rate of two-thirds of their average earnings. Sometimes, this 180-day or six-month benchmark can be extended up to 39 weeks.
• If an employee falls sick more than once and cannot perform work, their maximum combined benefit will be limited to 52 weeks in 24 months (two years).

Casual Leave in Guatemala 

• There are currently no provisions for casual leave in Guatemala.

Unpaid Leave in Guatemala

• Unpaid leave refers to time off from work without pay.
• The labor laws of Guatemala currently do not provide any provisions for unpaid leave for employees.

Other leaves

Moving on, here are a few examples of other types of leaves approved by the employment laws of Guatemala.

Union leave

• The Labor Code of Guatemala mandates employees six business days of paid union leave per year. 

Bereavement leave

• In the event of the death of a family member, such as a mother, father, spouse, or children, employees receive three full days of paid bereavement leave in Guatemala. 

Wedding leave

• Employees get to enjoy five days of wedding leave under the labor laws of Guatemala. 

Sabbatical leave

• ‍Sabbatical leave is time off from work when employees can pursue their interests, such as traveling, volunteering, or research. Currently, there are no provisions for such leave for employees in Guatemala.

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Additionally, with Skuad Shield, you do not have to stress over adhering to country-specific statutory regulations. Our in-house legal experts are more than capable of guiding you through all local employment laws. This includes drafting compliant contracts, maintaining compliance with unique leave policies, and staying up-to-date with all tax deductions and requirements. 

So, book a demo with us today, and start compliantly and seamlessly hiring employees from anywhere in the world—only with Skuad!

FAQs

What is the leave permission policy in Guatemala?

Under the leave policy in Guatemala, all employees can access 15 days of earned leave every year after completing 12 months of continuous service with their employers. 

What is the typical workday in Guatemala?

A typical work day in Guatemala consists of eight and 48 hours per week.

What are employer contributions in Guatemala?

According to Guatemalan labor laws, employees must contribute 4.83% of their monthly salary to Social Security, whereas employers contribute 12.67% of their monthly payroll.

What are the labor laws in Guatemala?

The Guatemala Labor Code is the main employment law in the country, handling all matters related to the employee-employer relationship.

What is the minimum wage in Guatemala?

The minimum wage in Guatemala differs depending on the industry. For example, the minimum wage in the agricultural sector is GTQ118.14 per day, whereas it is GTQ122.40 for non-agricultural activities.