Colombian maternity leave lasts 18 weeks at full pay under the Substantive Labour Code (CST) and Ley 755 of 2002. The benefit is administered through the EPS (Entidad Promotora de Salud), but the employer must continue paying the employee’s full salary during the leave period and then seek reimbursement. Everything else — the pre-birth start, the extension for multiple births, and the job stability protections — flows from this core 18-week entitlement.

This guide covers Colombian maternity leave in 2026: the 18-week entitlement, EPS reimbursement, employer obligations, adoption leave, and the post-birth dismissal protections.

Key takeaways

  • Every insured employee is entitled to 18 weeks of maternity leave at full salary, under article 239 of the Substantive Labour Code (CST).
  • Leave starts 2 weeks before the expected due date and runs 16 weeks after birth, though the employee may choose when to begin.
  • Multiple births (twins, triplets) extend the leave by 2 additional weeks per child beyond the first.
  • The employer pays the full salary during leave and seeks reimbursement from the EPS.
  • Job stability extends for 18 months after birth — dismissal during that period carries enhanced severance obligations.

The 18-week entitlement

Article 239 of the CST grants every female worker the right to 18 weeks of maternity leave at full pay. The leave is divided as follows:

  • 2 weeks before the expected due date (voluntary — the employee may choose to start later).
  • 16 weeks after the date of birth.

If the child is born before the expected due date, the 16 post-birth weeks run from the actual birth date. The employee cannot shorten the post-birth portion.

Multiple births

For multiple births (twins, triplets), the leave is extended by 2 additional weeks per child beyond the first. A twin birth therefore carries 20 weeks of leave, and a triplet birth carries 22 weeks.

Worked example

Scenario Pre-birth Post-birth Total
Singleton birth 2 weeks 16 weeks 18 weeks
Twin birth 2 weeks 18 weeks 20 weeks
Triplet birth 2 weeks 20 weeks 22 weeks

EPS reimbursement

The EPS (Entidad Promotora de Salud) funds the maternity benefit through the general social security system. The process works as follows:

  1. The employer pays the employee’s full salary for the entire leave period.
  2. The employer files a claim with the EPS, providing the birth certificate, salary records, and leave documentation.
  3. The EPS reimburses the employer based on the employee’s registered salary, up to the statutory ceiling.

Where the employee’s salary exceeds the EPS reimbursement ceiling, the employer absorbs the difference. The reimbursement process is managed through the EPS portal, and employers should budget for the cash-flow gap.

Employer obligations

Colombian employers have six core duties during maternity leave:

  1. Grant the full 18 weeks — the employer cannot reduce or deny the leave.
  2. Pay full salary — the employer funds the benefit and seeks EPS reimbursement.
  3. Maintain social security contributions — employer contributions to pension, health, and Parafiscales continue during leave.
  4. Respect the 18-month dismissal prohibition — termination during that period triggers enhanced severance.
  5. Provide a safe return to work — the employee returns to her original position or an equivalent role.
  6. File the EPS reimbursement claim — within the statutory deadline after the leave begins.

The 18-month dismissal prohibition

Article 239 of the CST provides that an employee who has given birth cannot be dismissed for 18 months after the date of birth. This is one of the longest post-birth dismissal protection windows in Latin America.

During the 18-month period, the employer may only terminate the employee for just cause unrelated to the pregnancy. If the employer terminates without qualifying cause, the employee is entitled to:

  • 15 days’ salary for each year of service as statutory severance, or
  • Reinstatement to the position.

The 18-month window is enforced rigorously. Colombian courts interpret the prohibition broadly, and the employer bears the burden of proving a legitimate, documented cause for any termination within the window.

Adoption leave

Article 239 of the CST extends maternity leave to adoptive parents. The entitlement is 16 weeks from the date of placement of the child with the adoptive parent. The adopting parent has the same job stability protections as a birth parent, and the employer seeks reimbursement from the EPS under the same process.

Paternity leave

Colombian law grants the father 2 weeks of paid paternity leave from the date of birth, under article 56 of the CST. This is a separate entitlement from the mother’s 18 weeks and is funded through the EPS.

Common pitfalls

1. Forcing an earlier leave start

The employee chooses when to begin the 2-week pre-birth portion. The employer cannot require leave to start earlier than the employee’s preference.

2. Delaying EPS reimbursement

EPS reimbursement claims must be filed promptly. Delayed or incomplete filings result in delayed reimbursements and cash-flow strain.

3. Dismissing within the 18-month window

The 18-month post-birth protection is the longest in the region. Employers who terminate during this period without documented, pregnancy-unrelated cause face statutory severance liability.

4. Not paying full salary during leave

The employer must pay the full salary and seek reimbursement separately. Paying only the EPS benefit amount is a breach of article 239.

5. Failing to account for multiple births

Twin and triplet births extend the leave. Employers who apply the standard 18 weeks to a multiple-birth case are granting less leave than the law requires.

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

Frequently asked questions

How long is maternity leave in Colombia?

18 weeks for a singleton birth — 2 weeks before the expected due date and 16 weeks after birth. Multiple births extend the leave by 2 additional weeks per child beyond the first.

Who pays for maternity leave in Colombia?

The employer pays the employee’s full salary during the 18-week leave and seeks reimbursement from the EPS.

Can an employer dismiss a new mother in Colombia?

Dismissal within 18 months of birth is prohibited unless the employer can demonstrate just cause unrelated to the pregnancy. Terminating without cause triggers statutory severance.

Does adoption leave exist in Colombia?

Yes. Adoptive parents are entitled to 16 weeks of paid leave starting from the date the child is placed with them.

What about paternity leave?

Fathers receive 2 weeks of paid paternity leave from the date of birth, funded through the EPS.

Putting it into practice

Five steps cover most Colombian maternity leave compliance:

  1. Record the expected due date and calculate the leave window, including any multiple-birth extension.
  2. Pay the employee’s full salary for the full leave period and file the EPS reimbursement claim promptly.
  3. Maintain social security and Parafiscales contributions throughout the leave.
  4. Track the 18-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.
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A leave management system that tracks the 18-week leave window, calculates EPS reimbursement amounts, and holds the 18-month stability period keeps Colombian maternity leave compliance straightforward.

Sources

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