Leave Policy in Colombia

Colombia's leave framework covers annual leave, sick leave, maternity and paternity leave, public holidays, bereavement, and several special-purpose entitlements. Each category carries specific compliance obligations that employers must meet under the Substantive Labor Code and subsequent reforms.

Compliance is more complex than it appears. Sick pay runs through a tiered system split between the employer and the EPS (Entidades Promotoras de Salud). Law 2114 of 2021 extended paternity leave and introduced shared parental leave provisions. Public holidays follow a movable puente system that shifts some dates to the nearest Monday. Employees on maternity or sick leave also benefit from estabilidad laboral reforzada, which restricts dismissal during protected periods.

Key facts:

• Employees earn 15 days of paid annual leave after 12 months of service, accruing at 1.25 days per month.
• Maternity leave is 18 weeks, funded by EPS after the employer advances payment.
• Law 2114 of 2021 set paternity leave at 2 weeks, EPS-funded, with a mechanism to extend up to 5 weeks as national unemployment falls.
• Colombia observes 18 public holidays per year; several are moved to the nearest Monday under the puente law.
• Sick pay is tiered: the employer covers days 1 and 2 at full pay; EPS pays 66.67% of salary from day 3 through day 180, with pension subsystem coverage possible beyond that.

Gloroots manages Colombian leave compliance through its Global Employer of Record service, giving employers centralized governance over entitlements, EPS coordination, and statutory filings.

Leave Policy at a Glance

Overview and Legal Basis for Leave in Colombia

Colombia's primary labor statute is the Código Sustantivo del Trabajo (CST), which sets the statutory minimums that all employers must meet. Law 2114 of 2021 reformed parental leave entitlements, and Law 2831 of 2024 introduced pension reforms that affect how sick leave is funded through the social security system.

The CST defines floors, not ceilings. Employers may offer more generous terms through individual contracts or company policy, but they cannot fall below statutory minimums. Understanding this distinction matters for any business employing staff in Colombia, including those using a how does EOR work model to manage local compliance.

Colombian law covers the following leave categories:

• Annual (vacation) leave
• Sick leave
• Maternity leave
• Paternity leave
• Adoption leave
• Bereavement leave
• Marriage leave
• Voting leave
• Jury duty leave
• Military leave
• Trade union leave
• Unpaid personal leave

Commercial employers with more than five permanent employees must maintain a Reglamento Interno de Trabajo. This internal work regulation document is mandatory and must include leave procedures.

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Annual Leave (Earned / Privilege Leave)

Colombian employees are entitled to 15 calendar days of paid annual leave after completing 12 consecutive months of service. Leave accrues from day one at 1.25 days per month, even though it cannot be taken until the full year is complete.

For employees with a variable salary, vacation pay is calculated as the average salary earned during the 12 months immediately before the leave period begins. This ensures the payment reflects actual earnings rather than a fixed base figure.

Employers have the right to schedule vacation unilaterally, provided they give the employee at least 15 calendar days' prior written notice. This scheduling right allows businesses to plan around operational needs without requiring employee agreement on timing.

On termination before a full year is completed, the employer must pay out accrued vacation on a prorated basis. Employees who have completed a full year but not yet taken leave are also entitled to a payout.

Key rules on encashment and carry-forward:

• A maximum of 7.5 days (half the 15-day entitlement) may be paid out in lieu of actual time off.
• The remaining days must be taken as real leave and cannot be converted to cash.
• Employees must take at least 6 days of vacation per year.
• Unused leave can accumulate for up to 2 years for most employees, and up to 4 years for certain roles.

Employers should track accrual carefully. Allowing leave to accumulate beyond the permitted period creates financial and compliance exposure that is difficult to unwind at scale.

Public Holidays

Colombia observes 18 public holidays each year. Under Article 177 of the Substantive Labor Code (CST), holidays that fall on a day other than Monday are officially moved to the following Monday. This mechanism, known as the puente law, applies to most religious and civic observances but not to fixed-date holidays.

Fixed-date holidays remain on their calendar date regardless of the day of the week. These include New Year's Day (1 Jan), Independence Day (20 Jul), Battle of Boyacá (7 Aug), Immaculate Conception (8 Dec), and Christmas (25 Dec).

Employers must account for puente shifts when building payroll cycles and scheduling rosters. Employees who work on any public holiday must receive 175% of their regular daily rate, paid on top of their ordinary wage. For comparison, see the leave policy in Mexico, where a similar premium applies on public holidays.

Dates flagged for annual review. 2026 movable holiday dates will shift to their respective Mondays once the official calendar is published.

Sick Leave

Colombian law sets a tiered sick pay structure that distributes responsibility between employers and the social security system over time.

For the first two days of illness, the employer pays 100% of the employee's regular salary. From day 3 through day 90, the employee's health insurer (EPS, Entidad Promotora de Salud) covers 66.67% of salary. From day 91 through day 180, EPS continues at 50%. Between days 181 and 360, the pension subsystem takes over at 50%. After day 360, EPS resumes payment at 50%.

To trigger EPS payments or employer reimbursements, the employee must present an incapacidad médica, a medical certificate issued by an EPS-affiliated doctor. Without this document, neither the EPS nor the employer is obligated to process the benefit.

EPS contribution rates are set by law: employees contribute 4% of their monthly salary and employers contribute 8.5% of payroll.

Work-related injuries and occupational diseases follow a separate track. The ARL (Administradora de Riesgos Laborales) covers 100% of the employee's salary from day one. ARL coverage applies regardless of the standard EPS sick pay tiers and is funded through employer-paid occupational risk premiums.

Casual Leave

Colombia's Substantive Labour Code (CST) does not establish a separate statutory casual leave category. There is no distinct casual leave entitlement independent of annual leave.

Short-notice personal absences are typically handled through the 15-day annual leave entitlement or through unpaid leave arranged by mutual agreement, using the contract suspension mechanism under the CST.

Companies with more than five permanent employees must maintain a Reglamento Interno de Trabajo (internal work rules). This document may define an internal casual leave policy, but any such provision is contractual, not statutory. It cannot reduce the 15-day annual leave floor guaranteed by law.

Maternity Leave

Colombia grants 18 weeks of paid maternity leave under the CST, as amended by Law 2114 of 2021. The entitlement applies to employed mothers, including adoptive mothers, and is funded through the EPS (health insurer) after an initial employer payment.

The employer pays 100% of salary during the leave period, then claims full reimbursement from the EPS. Three conditions apply: active EPS enrollment, no gaps in PILA (social security) contributions, and a medical certificate stating the expected delivery date.

From week 13 of maternity leave, mothers may request flexible parental leave under Law 2114 of 2021. Choosing part-time work doubles the remaining leave duration. The employer pays for hours worked; the EPS covers the leave portion.

Employers must also provide two paid breastfeeding breaks of 30 minutes each per working day during the first six months after childbirth.

Law 2114 of 2021 prohibits asking candidates about reproductive plans or requiring pregnancy tests, except where occupational health or safety rules specifically require testing. Employers who conduct prohibited tests must hire the tested candidate. Non-compliance carries a fine of up to 2,455 tax value units, calculated at $12 (COP 36,308) per unit.

Termination during pregnancy or maternity leave may require prior authorisation from the Ministry of Labour under the estabilidad laboral reforzada (reinforced job stability) doctrine. Employers managing Colombian staff remotely can compare how similar protections apply in other jurisdictions, such as the leave policy in Canada.

Paternity Leave

Law 2114 of 2021 sets paternity leave at 2 weeks of paid leave following the birth or adoption of a child. This replaced the prior 8-day entitlement.

The employer pays 2 weeks at 100% of the employee's salary, then claims reimbursement from the EPS. A birth certificate or adoption order is required to process the claim.

Fathers may opt into flexible parental leave from week 2 of paternity leave. Choosing part-time work during this period doubles the effective leave duration. Fathers on paternity leave also benefit from reinforced employment stability protections (estabilidad laboral reforzada), which restrict dismissal during the leave period.

A pending labour reform proposal, not yet enacted as of 2024, would gradually increase paternity leave to 8 weeks in 2024, 10 weeks in 2025, and 12 weeks in 2026. The current statutory entitlement remains 2 weeks.

Adoption and Surrogacy Leave

Under Law 2114 of 2021, adoptive parents are entitled to 18 weeks of paid leave, the same entitlement as biological maternity leave. This corrects the prior 6-week figure that appeared in earlier versions of Colombian employment guidance.

Leave is funded through the EPS and commences upon legal finalisation of the adoption. Both adoptive mothers and fathers are eligible. The required documentation is an adoption order or court finalisation document.

Surrogacy leave is not separately defined in the Substantive Labour Code. In practice, surrogacy arrangements are treated under maternity leave provisions for the intended mother, using the same 18-week entitlement and EPS funding rules.

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Bereavement Leave

Colombian law grants employees five days of paid bereavement leave upon the death of an immediate family member. Covered relatives include a spouse, permanent partner, parents, children, siblings, grandparents, grandchildren, parents-in-law, and children-in-law, along with other relatives defined by statute.

Employers must collect a death certificate before approving the leave. Separately, the Código Sustantivo del Trabajo (CST) requires employers to grant paid time off for employees to attend a colleague's burial. This obligation is distinct from the five-day family bereavement entitlement.

Other Leave Types

Colombia's CST provides several additional paid and unpaid leave categories beyond the core entitlements. Each type carries specific documentation requirements and duration rules.

• Marriage leave: Five days of paid leave. Employees must provide a marriage certificate.
• Voting leave: Half a day of paid leave to cast a ballot. A voting certificate is required as proof.
• Jury duty (election juror) leave: One full paid day, separate from the half-day voting leave. The employer bears the cost.
• Military leave: The employment contract is suspended under the CST for the duration of service, typically one to two years. Leave is unpaid, but the employer must reinstate the employee within 30 days of service completion.
• Trade union leave: Paid leave for union representatives to carry out union activities. Terms are set by the applicable collective bargaining agreement and the CST, with costs borne by the employer.
• Unpaid personal leave: The employment contract may be suspended by mutual consent under the CST. The salary obligation ceases during the suspension, but the employment relationship continues. This is the standard mechanism for extended personal leave.

Employers should document each leave type separately and retain the required certificates to demonstrate compliance with CST obligations.

Carry-Forward and Leave Encashment Rules

Colombia's Código Sustantivo del Trabajo caps leave encashment at 7.5 days, which is half of the 15-day annual entitlement. Employees must take the remaining days as actual time off. Monetary substitution beyond that cap is not permitted.

When employment ends before a full year is completed, the employer must pay out accrued vacation on a prorated basis. This applies regardless of the reason for termination.

Employers retain the right to schedule vacation unilaterally, provided they give at least 15 calendar days' prior written notice. This right exists even if the employee has not formally requested leave.

Carry-forward and encashment rules apply only to annual leave. Sick leave, bereavement leave, marriage leave, voting leave, and paternity leave do not carry forward and cannot be encashed. Tracking these distinctions accurately requires employer of record software that separates leave types and enforces statutory limits by rule, not manual calculation.

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Best Practices for Managing Leave Compliantly in Colombia

Compliance with Colombian leave law depends on consistent documentation and internal process controls. The four practices below reduce legal exposure and support accurate record-keeping.

• Maintain a Reglamento Interno de Trabajo. Employers with more than five permanent employees in a commercial business must have this internal work regulation. It must cover leave request procedures, notice periods, approval processes, and record-keeping obligations.
• Provide written entitlement summaries in Spanish. Give each employee a written summary of all statutory leave entitlements, including the tiered sick pay structure and the EPS reimbursement process for maternity and paternity leave.
• Retain leave-specific documentation. Require and keep a death certificate for bereavement leave, a marriage certificate for marriage leave, an incapacidad médica for sick leave, a voting certificate for voting leave, and a birth or adoption order for paternity and adoption leave.
• Document any enhancements above the statutory floor. If you offer additional leave days or higher sick pay than the CST requires, record those terms in the employment contract. Unwritten enhancements can create unintended precedent obligations.

Managing these obligations across a distributed workforce is easier when employment is governed through a single platform. Gloroots EOR services centralize compliance tracking, contract management, and statutory filings for Colombian employees under one governance layer.

Managing Leave Policy in Colombia with Gloroots

Colombia's leave framework involves multiple funding bodies: EPS, ARL, and the pension subsystem. Tracking tiered sick pay calculations, Law 2114 of 2021 parental leave reforms, and the puente holiday system manually creates real compliance risk.

Gloroots manages leave balance tracking, leave request processing, and payroll integration for EPS reimbursement claims. The platform generates compliance reports aligned to Colombian statutory requirements, giving HR and Finance teams clear visibility across their workforce.

For companies hiring in Colombia without a local entity, Gloroots provides EOR services that cover employment contracts, statutory benefits, and payroll filings under local law. Review pricing to evaluate the cost structure for your headcount.

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Frequently Asked Questions About Leave Policy in Colombia

How much annual leave are employees entitled to in Colombia?

Employees in Colombia earn 15 days of paid annual leave after completing one year of service under the Substantial Labor Code of 2011.

Employees in roles with documented health risks, such as those working with X-rays, receive 30 days. Leave accrues on a calendar-year basis and must be tracked per employee.

How does the puente holiday system work in Colombia?

Colombia observes 18 public holidays annually. When a holiday falls on a day other than Monday, it is moved to the following Monday under the puente system.

This applies to most non-fixed holidays. Fixed holidays such as New Year's Day, Independence Day, and Christmas remain on their calendar date regardless of the day of the week.

Who funds maternity leave payments in Colombia?

Maternity leave in Colombia is funded by the EPS, the national health insurer, not the employer directly. Employers advance the payment and then claim reimbursement from the EPS.

Employees must be enrolled in the social security system for the EPS to cover the 18 weeks of paid leave. Gaps in contributions can affect reimbursement eligibility.

What paternity leave does Law 2114 of 2021 provide?

Law 2114 of 2021 extended paternity leave to two weeks of paid leave following the birth or adoption of a child. This replaced the prior one-week entitlement.

The law also introduced a mechanism to add one week of paternity leave for every 1% reduction in the national unemployment rate, up to a maximum of five weeks total.

How is sick leave pay calculated in Colombia?

Employers cover the first two days of sick leave at full salary. From day three onward, the EPS pays 66.67% of the employee's regular salary for up to 180 days.

Medical authorization is required for EPS coverage to apply. Employers must coordinate with the EPS to ensure proper documentation is in place before the third day of absence.

Can employees encash unused vacation in Colombia?

Employees cannot routinely encash annual leave while employed. However, if a contract ends before leave is taken, the employer must pay out the accrued but unused vacation balance.

Partial encashment of up to half the annual entitlement is permitted by agreement between employer and employee, but the remaining days must be taken as actual leave.

What are the carry-forward rules for leave in Colombia?

Unused leave can be carried forward for up to two years for most employees. Certain roles allow accumulation for up to four years, subject to employer and employee agreement.

Employees must take at least six days of leave per year. Comparing these rules with frameworks in other countries, such as the leave policy in Germany, can help global HR teams standardize governance across entities.

How many days of annual leave are employees entitled to in Colombia?

Employees in Colombia are entitled to 15 days of paid annual leave after 12 consecutive months of service under the Código Sustantivo del Trabajo.

Leave accrues at 1.25 days per month from day one. If a contract ends before the full year is complete, the employer must pay out accrued leave on a prorated basis.

What is the puente holiday system in Colombia?

Article 177 of the Código Sustantivo del Trabajo moves certain public holidays that fall on a Tuesday, Wednesday, Thursday, or Friday to the following Monday.

Fixed-date holidays, such as January 1 and December 25, stay on their calendar date. Movable holidays shift to Monday. Payroll teams must account for this distinction when calculating pay periods and scheduling work.

How is maternity leave funded in Colombia?

The employer pays 100% of the employee's salary throughout the 18-week maternity leave period, then claims full reimbursement from the EPS (health insurer).

Three conditions apply: the employee must be actively enrolled in EPS, have no gaps in PILA contributions, and provide a medical certificate stating the expected delivery date.

What is the paternity leave entitlement in Colombia?

Under Law 2114 of 2021, male employees receive 2 weeks of paid paternity leave, replacing the previous 8-day entitlement.

The EPS reimburses the employer for this cost. For every 1% drop in the national unemployment rate, one additional week is granted, up to a maximum of 5 weeks total.

How does sick leave pay work in Colombia?

Sick leave pay in Colombia follows a tiered structure. The employer pays 100% of salary for days 1 and 2. From day 3 to day 90, the health insurer (EPS) pays 66.67%. From day 91 to day 180, EPS pays 50%. From day 181 to day 360, the pension subsystem covers 50%. For work-related injuries, the occupational risk insurer (ARL) pays 100% from day one.

Can employees encash unused annual leave in Colombia?

Yes, but only partially. Employees can receive payment in lieu of up to 7.5 days, which is half of the 15-day annual entitlement. The remaining 7.5 days must be taken as actual time off. The Colombian Substantive Labor Code does not permit full encashment of the annual leave entitlement.

What are the carry-forward rules for annual leave in Colombia?

Employees must take at least 6 days of annual leave per year. Unused leave can accumulate for up to 2 years, or up to 4 years for specific roles. If employment ends, all accrued unused leave is paid out in full.