Isaac Act or Act 2174: remuneration for the care of a minor child with a terminal illness or condition.

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Isaac Law – Law 2174

ISAAC LAW: Paid leave to a parent for the care of a minor child suffering from a terminal illness or condition.

LAW 2174 (30 DECEMBER 2021)

ESTABLISHING PARAMETERS FOR THE PROTECTION AND CARE OF CHILDREN IN A STATE OF SPECIAL VULNERABILITY – ISAAC LAW

With the recent issuance of Law 2174 of 2021, Article 57 of the CST, which enshrines the special obligations of the employer, was supplemented with the recognition and granting of paid leave to one of the working parents or those who have custody and personal care of a minor who suffers from a terminal illness or condition, in order to provide protection and care in order to improve the quality of life and well-being of the patient and their families.

What is the term of the licence and to whom does it apply?

This regulation applies to both the public and private sectors.

This paid leave consists of the granting of ten (10) working days once a year to one of the working parents contributing to the General System of Social Security in Health, or to the person who has custody and personal care of a minor suffering from a terminal illness or condition, which may be continuous or discontinuous as mutually agreed upon by the employer and the worker.

The granting of leave to one parent does not exclude the possibility of granting leave to the other parent, provided they are not concurrent.

Who will be responsible for paying for this leave?

Its payment will be the responsibility of the respective Health Benefit Plan Administration Entity, or whoever takes its place, to which the worker to whom the leave was granted is affiliated.

Health Benefit Plan Administration Entities (EAPB) are understood to be the Health Promotion Entities of the Contributive and Subsidised Regime, Health Solidarity Companies, Mutual Associations in their health activities, Indigenous Health Promotion Entities, Family Compensation Funds in their health activities, Entities that administer additional health plans, entities obliged to compensate, adapted health entities, entities belonging to the health exception regime and universities in their health activities.

What documents support the need for the granting of this licence?

In order to be granted, the worker must demonstrate, in advance, the certification or incapacity granted by the treating doctor in charge of the minor’s care, stating the need for accompaniment and the clinical diagnosis.

The incapacity or medical certificate shall be renewed each time the worker applies for leave for the care of minors, as referred to in this Act.

Medical diagnosis

Medical diagnoses of illness or terminal condition shall be subject to the criteria of the treating physician of the respective health care institution to which the minor is affiliated.

When there is controversy over the diagnosis of the terminal illness or condition, a second opinion or the opinion of a panel of experts may be required, in accordance with the provisions of Article 2 of Law 1733 of 2014.

Teleworking or working from home

This regulation also enabled the worker who has the custody and personal care of minors in the aforementioned situations to request the execution of his or her work under the modality of telework or, failing that, work at home, as long as his or her work or functions can be carried out under one of these modalities through the use of information and telecommunication technologies.