If I have a son, son or daughter, am I entitled to parental leave when I have a same-sex or transgender partner?

There are legal licences to which everyone is entitled regardless of their sexual orientation and gender identity, as they guarantee the rights of children to have both parents: 

1. Maternity leave: is granted to anyone who is pregnant and can start a few weeks before or immediately after the birth. It lasts for 18 weeks. It also applies to the partner when he or she is left in charge of the child, without the support of the person who gave birth. The birth certificate must be presented within the following month.
2. Paternity leave: The partners of people who have given birth are entitled to it, so that they can also enjoy the arrival of their son or daughter. It lasts 2 weeks. The birth certificate must be presented within the following month and can be applied for by the spouse, the permanent partner and the adopting parent.
3. Shared parental leave: Mothers and fathers may freely distribute the last six (6) weeks of the mother's leave among themselves, in compliance with the requirements established by law.
4. Flexible licensing: the mother and/or father may opt for flexible part-time parental leave, whereby they may exchange a certain period of their maternity or paternity leave for a period of part-time work, equivalent to twice the time corresponding to the selected period of time.

Note: in cases of adoption, maternity and paternity leave apply in the same way and for the same period of time. Counted from the official delivery of the adopted child (Law 1822 of 2017 and Law 2114 of 2021).

If you are a same-sex couple and would like to know more about the possibility of accessing one of these licences, please write to us: consultasjuridicas@colombiadiversa.org