Maternity leave in Argentina lasts 90 calendar days at full pay under the Ley de Contrato de Trabajo (LCT). The benefit is funded through ANSES (Administración Nacional de la Seguridad Social), but the employer must continue paying the employee’s full salary and then seek reimbursement from ANSES. Everything else — the pre-birth start, the job stability protections, and the extension for premature birth — flows from this core entitlement.

This guide covers Argentine maternity leave in 2026: the 90-day entitlement, ANSES reimbursement process, employer obligations, adoption and miscarriage provisions, and the post-birth job stability rules.

Key takeaways

  • Every employee is entitled to 90 calendar days of maternity leave at full salary, under article 179 of the Ley de Contrato de Trabajo (LCT).
  • Leave starts 45 days before the expected due date and runs 45 days after birth, though the employee may distribute the pre-birth portion.
  • The employer pays the full salary during leave and seeks reimbursement from ANSES under the Ley de Riesgos del Trabajo regime.
  • Job stability extends for 9 months after birth — dismissal during that period is presumed discriminatory.
  • Adoption leave grants the same 90-day entitlement to the adoptive parent.

The 90-day entitlement

Article 179 of the LCT grants every female worker the right to 90 calendar days of maternity leave with full pay. The leave is divided as follows:

  • 45 days before the expected due date.
  • 45 days after the date of birth.

The employee may choose to postpone the start of leave, but she cannot begin the post-birth portion before the actual date of birth. If the child is born before the expected due date, the remaining pre-birth days are added to the 45 post-birth days — the total entitlement stays at 90 calendar days.

Worked example

Item Timing
Expected due date 15 August 2026
Earliest leave start 1 July 2026 (45 days before)
Actual birth date 1 August 2026
Remaining pre-burn days 14 days
Total post-birth leave 45 + 14 = 59 days from birth

The employee receives her full salary for all 90 days regardless of the actual birth date.

ANSES reimbursement

Under Argentine social security law, the employer funds the maternity benefit and then seeks reimbursement from ANSES. The process works as follows:

  1. The employer pays the employee’s full salary for the entire 90-day leave period.
  2. The employer files for reimbursement with ANSES, providing proof of salary paid and the birth certificate.
  3. ANSES reimburses the employer based on the employee’s registered salary, up to the statutory ceiling.

Where the employee’s salary exceeds the ANSES ceiling, the employer absorbs the difference. The reimbursement process can take several weeks, so employers should plan for the cash-flow impact.

Employer obligations

Argentine employers have six core duties during maternity leave:

  1. Grant the full 90 days — the employer cannot shorten or deny the leave.
  2. Pay full salary — the employer funds the benefit and seeks ANSES reimbursement.
  3. Maintain social security contributions — employer-side contributions continue during leave.
  4. Respect the dismissal prohibition — termination within 9 months of birth is presumptively discriminatory.
  5. Provide a safe return to work — the employee returns to her original position.
  6. Register the leave — notify ANSES and the employee’s union (sindicato) as required.

Job stability after birth

Article 182 of the LCT provides that an employee who has given birth cannot be dismissed for a period of 9 months after the date of birth. During that window, dismissal is presumed discriminatory unless the employer can demonstrate economic or disciplinary cause unrelated to the pregnancy.

If an employer terminates a protected employee without qualifying cause, the employee is entitled to reinstatement or, at her election, severance equal to:

  • One month’s salary for each year of service, with a minimum of one month’s salary.
  • Double the statutory severance where the dismissal is found to be discriminatory.

The 9-month stability period is shorter than some Latin American jurisdictions but is well-enforced. Courts interpret the presumption of discrimination broadly, and the employer bears the burden of proving a legitimate, non-discriminatory reason.

Adoption leave

Article 183 of the LCT extends the same 90-day entitlement to parents who adopt a child. The leave begins on the date of judicial resolution approving the adoption and runs for 90 days at full pay. The adoptive parent has the same job stability protections as a birth parent.

Miscarriage and stillbirth leave

Under article 180 of the LCT, an employee who suffers a miscarriage before the end of the second trimester is entitled to paid leave for a period set by the social security regime. In the case of a stillbirth or miscarriage after the second trimester, the employee is entitled to the full 90-day leave entitlement.

Common pitfalls

1. Miscalculating the leave start

Some employers insist the leave must begin exactly 45 days before the due date. The employee has the right to choose when to start within the pre-birth window. Forcing an earlier start is a breach of the LCT.

2. Delaying ANSES reimbursement filings

ANSES reimbursement can take weeks. Employers who wait to file or submit incomplete documentation face delayed reimbursements and potential cash-flow issues.

3. Dismissing during the 9-month window

The 9-month post-birth stability period catches employers who rely on performance-based terminations during that window. Unless the cause is documented, unrelated to the pregnancy, and substantiated, courts will presume discrimination.

4. Failing to pay full salary during leave

Some employers attempt to pay only the ANSES benefit amount to the employee. The employer is obligated to pay the full salary and seek reimbursement separately.

5. Not granting adoption leave

Adoption leave is a statutory right. Refusing or shortening it is a breach of the LCT, regardless of the adoption method (judicial or administrative).

For more Argentine context, see our guide to annual leave entitlement in Argentina and the overview of the main types of leave employers manage.

Frequently asked questions

How long is maternity leave in Argentina?

90 calendar days — 45 days before the expected due date and 45 days after birth. The employee may distribute the pre-birth portion, and any pre-birth days not used are added to the post-birth period.

Who pays for maternity leave in Argentina?

The employer pays the employee’s full salary during the 90-day leave and then seeks reimbursement from ANSES. The employer absorbs any amount above the ANSES statutory ceiling.

Can an employer dismiss a pregnant employee or new mother?

Dismissal within 9 months of birth is presumed discriminatory. The employer must demonstrate cause unrelated to the pregnancy to terminate lawfully.

Does adoption leave exist in Argentina?

Yes. Adoptive parents are entitled to 90 days of paid leave starting from the date the adoption is judicially approved.

What if the baby is born before the due date?

The remaining pre-birth days are added to the 45 post-birth days. The total entitlement remains 90 calendar days.

Putting it into practice

Five steps cover most Argentine maternity leave compliance:

  1. Record the expected due date and calculate the leave start window.
  2. Pay the employee’s full salary during the 90-day period and file for ANSES reimbursement promptly.
  3. Maintain social security contributions throughout the leave.
  4. Track the 9-month post-birth dismissal protection window on the employee record.
  5. Prepare for the employee’s return to work and reinstatement to her original role.
You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks the 90-day leave window, calculates ANSES reimbursement amounts, and holds the 9-month stability period keeps Argentine maternity leave compliance straightforward.

Sources

Last updated: 26 July 2026. This article is general information, not legal advice. ANSES reimbursement ceilings and social security rates change annually — confirm current figures with ANSES and a qualified Argentine employment lawyer.