Labor leaves to which workers are entitled in Ecuador (2026)

Labor leaves to which workers are entitled in Ecuador (2026)

Current Ecuadorian legislation provides for a series of leaves according to the following legal provisions contained in the Labor Code (updated to 2026):

1. Exercise of suffrage: Grant workers the necessary time to exercise their vote in popular elections established by law, provided that such time does not exceed four hours. (Art. 42, No. 9)

2. Medical care at IESS: Grant the necessary time to be attended by physicians of the General Individual and Family Health Insurance Directorate of the Ecuadorian Social Security Institute. (Art. 42, No. 9)

3. Judicial requirements: To satisfy judicial requirements or notifications. (Art. 42, No. 9)

4. Union commissions: Allow workers to miss or be absent from work to carry out commissions of the association to which they belong, provided that the association gives notice to the employer in a timely manner. (Art. 42, No. 11, first paragraph)

5. Leave for union commissions: Commissioned workers shall enjoy leave for the necessary time and shall return to their positions, retaining all rights derived from their respective contracts; but they shall not earn the remuneration corresponding to the time lost. (Art. 42, No. 11, second paragraph)

6. Study leave: Grant leave or declare a service commission for up to one year with the right to remuneration for up to six months to a worker who, having more than five years of work activity and no less than two years of work in the same company, obtains a scholarship for studies abroad in matters related to the work activity they perform, or to specialize in official institutions of the country, provided that the company has fifteen or more workers and the number of scholarship holders does not exceed two percent of the total. Upon returning to the country, the scholarship holder must provide services for at least two years in the same company. (Art. 42, No. 27)

7. Education of minor workers: Employers who hire persons over fifteen and under eighteen years of age who have not completed their basic education are obligated to leave them two hours free from work each day so that they may attend school. (Art. 135)

8. Maternity leave: Every female worker has the right to paid leave of twelve (12) weeks for the birth of her daughter or son; in case of multiple births, the period is extended by an additional ten days. (Art. 152, first paragraph)

9. Paternity leave: The father has the right to paid leave of ten days for the birth of his daughter or son when the birth is by normal delivery; in cases of multiple births or cesarean section, it shall be extended by an additional five days. (Art. 152, second paragraph)

10. Leave for child care: Unpaid leave or permit for child care. (Art. 152.1)

11. Leave for family bereavement: Grant three days of fully paid leave to the worker in the event of the death of their spouse or cohabitant in a de facto union or of their relatives within the second degree of consanguinity or affinity. (Art. 42, No. 30)

12. Adoption leave: Adoption leave. (Art. 152.2)

13. Leave for care of children with degenerative diseases: Paid leave for workers for the medical treatment of daughters or sons suffering from a degenerative disease. (Art. 152.3)

14. Leave for non-determined holidays: When, due to any holiday not determined in article 65 of this Code, the employer grants leave to workers, they shall be obliged to pay them the remuneration for that day as if the work had been performed, unless there has been an express agreement between employer and worker for the suspension of work, in which case the former shall owe nothing to the latter for this concept. (Art. 67)

It is important that both employers and workers know and respect these rights, thus guaranteeing a fair work environment in accordance with the regulations in force in 2026. All the aforementioned provisions remain fully in force according to the Ecuadorian Labor Code, with no reforms affecting their essence to date.