Learn about the benefits that labor law requires EPSs to provide to their members during bereavement leave.
According to the Substantive Labor Code, EPSs in Colombia that employ individuals under an employment contract are required to provide special services to employees grieving the death of a spouse.
According to Article 57 of the aforementioned Code, workers in Colombia who have a valid contract are entitled to the provisions of Article 1 of Law 1280 of 2009.
Article 57 sets out the conditions and protections in the event of mourning. Photo: EL TIEMPO
The severity of a calamity caused by the death of a family member or loved one is one of the most complex situations that citizens can experience. Therefore, the aforementioned law establishes that EPSs in Colombia are required to provide emotional bereavement protection services to the entire affected family .
The provision, which was added to section 10 of article 57 of the Substantive Labor Code, clarifies that Health Care Providers (EPS) in Colombia "will be obligated to provide psychological counseling to families," the law states.
Mourning the death of a spouse entails five days of paid leave. Photo: EL TIEMPO
Additionally, employees will be able to opt for paid bereavement leave of up to five business days, regardless of their work arrangement, whether in-person, virtual, or hybrid.
In which cases does Article 57 apply? As established on the Colombian State Civil Service website, citizens may apply for this benefit by presenting a document proving the death of the person, within a maximum period of 30 days.
These are the degrees of consanguinity that will be protected by law:
- First-degree spouse who is a permanent partner.
- Second-degree spouse who is the permanent partner of a relative up to the second degree of consanguinity.
- Spouse who is of the first degree of civil affinity.
It should be noted that people who report a serious domestic disaster are not covered by bereavement leave.
What is the Substantive Labor Code? This is the main law governing labor relations in Colombia. It establishes the rights and obligations of both employers and employees , defining aspects such as hiring, work hours, breaks, leaves of absence, wages, benefits, and grounds for termination.
Here you can find all the specifications covering spousal bereavement. Photo: Ámbito Legal
The Mayor's Office clarifies that this is a key legal tool to ensure a balance between employer interests and employee rights.
The code also includes provisions on social security, occupational health, child protection, equal opportunities, and labor dispute resolution.
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