Paid Sick Leave Rights: Statutory Leave Rights in Argentina
Statutory breakdown of paid leaves under the LCT in Argentina: 3 to 12 months sick leave and 90-day maternity leave with full wage continuation.
Questions about statutory leave rights or unfair dismissals?
Consult Lead Attorney Dr. Guillermo Conti at zero upfront cost:
Essential Legal Distinctions
- 100% Full Wage Continuation: Guarantees regular earnings throughout statutory leaves.
- Aggravated Dismissal Protection: Dismissal during leave triggers heavy statutory surcharges.
- Buenos Aires Legal Counsel: Offices at Maipú 42, 9th Floor, CABA.
1. Statutory Paid Leave Periods (Articles 177 & 208 LCT)
The Argentine Employment Contracts Act provides 100% paid leave for medical or family reasons: sick leave runs for 3, 6, or 12 months based on seniority and family dependents (Art. 208 LCT), while maternity leave spans 90 paid calendar days (Art. 177 LCT).
2. Job Preservation and Dismissal Protections
Dismissing employees during active medical or maternity leaves triggers severe statutory sanctions, including payment of remaining leave wages and 13-month aggravated dismissal penalties.
Frequently Asked Questions
How much salary is paid during statutory leaves?
100% of regular monthly compensation including union wage increments.
What happens upon dismissal during leave?
Employers must disburse all remaining leave wages plus full Article 245 severance and statutory penalties.
How long is the job preservation period?
One full year following the expiration of paid sick leave (Article 211 LCT).
Are breastfeeding breaks mandatory?
Yes. Two 30-minute breaks daily during the child's first year under Article 179 LCT.