Maternity Leave Duration & ANSES Benefits
Statutory breakdown of maternidad in Argentina; LCT regulations, limitation periods, and SECLO conciliation in Buenos Aires.
Questions regarding maternidad?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Legal Distinctions
- Compliance with Maternidad: Strict enforcement of LCT protections.
- Zero Upfront Litigation Costs: Total statutory exemption from filing fees.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Statutory Framework and Legal Precedents
Maternity leave spans 90 calendar days (45 before and 45 after birth), with 100% of wages disbursed directly by ANSES as a statutory family allowance.
2. Statutory Demand and Legal Recovery Proceedings
When these rights are breached, workers should issue a statutory demand telegram (Law 23,789) under penalty of constructive dismissal and initiate proceedings with CNAT court interest rates.
Frequently Asked Questions
How do I file a legal claim for maternidad?
By dispatching a formal labor telegram and submitting the claim to SECLO administrative conciliation or court litigation.
What is the applicable statute of limitations?
Two (2) years under Article 256 of the Argentine Employment Contracts Act.
Do employees pay upfront court fees?
No. Employees benefit from total statutory gratuity under Article 20 LCT.
How are court interest rates calculated?
Updated in accordance with official binding rates established by the National Labor Court of Appeals (CNAT).