Maternity Leave by Country: How Latin America Compares to the US in 2026

Maternity leave looks very different depending on where your hire lives. Across Latin America, it's a legal entitlement set by each country's labor and social security law, usually paid in full and typically funded by the government, so it costs the employer far less than US companies expect. 

The US has no national paid equivalent, only unpaid, job-protected Family and Medical Leave Act (FMLA) leave for employees who qualify.

If you're considering hiring in Latin America, it's worth knowing maternity leave by country, since it varies a lot. A candidate in Colombia and a candidate in Mexico have different leave entitlements, and both usually know exactly what local law guarantees them, so their expectations around leave start from that point.

This article breaks down maternity leave by country across Latin America, how each compares to the US, what paternity leave looks like alongside it, and what it means when you're hiring remotely in Latin America.

What Is Maternity Leave?

Maternity leave is the time (measured in weeks) that a mother takes off from work just before and after the birth of her baby. In some cases, maternity leave applies when adopting a child.

The time before birth gives the expectant mother room to rest and prepare. The time after birth gives her time to recover and to care for and bond with her baby.

Maternity leave is defined in each country's labor and social security laws, so both the number of weeks and the pay vary from one jurisdiction to the next. Maternity leave may be:

• Fully paid: The employee receives their full salary or wage throughout their maternity leave.
• Paid in part: The employee receives only part of their salary or wage throughout their maternity leave.
• Unpaid: The employee doesn’t receive any payment during their maternity leave.

International minimum standards on maternity leave

The international minimum is 14 weeks of maternity leave, and the recommended standard is at least 18. Those benchmarks come from the International Labour Organization (ILO) standards: the Maternity Protection Convention, 2000 (No. 183) sets the 14-week minimum, and the accompanying Maternity Protection Recommendation, 2000 (No. 191) suggests increasing it to at least 18 weeks.

The ILO's 2022 Care at Work report found that, as of 2021, 120 of 185 countries met the 14-week minimum and 52 met or exceeded 18 weeks.

The region is split on this. Of the 13 countries in Latin America and the Caribbean covered in this guide, 7 meet the 14-week minimum: Colombia, Brazil, Chile, Peru, Uruguay, Costa Rica, and El Salvador. Argentina, Mexico, Honduras, Guatemala, the Dominican Republic, and Jamaica fall below it.

Pre-birth, postnatal, and extended leave

Most maternity leave laws divide the time into parts:

• Pre-birth (prenatal) leave starts before the due date so the mother can rest and attend prenatal care. Many Latin American countries fix this portion, such as Mexico's 6 weeks before birth.
• Postnatal leave covers recovery and the first weeks with the baby. Several countries let the mother move unused pre-birth weeks to after the birth.
• Extended leave is extra time beyond the statutory period. It's usually unpaid or partly paid, unless an employer chooses to pay for it.

Paternity and parental leave

Parental leave is the umbrella term for maternity leave, paternity leave, and adoption leave, plus any leave either parent can take to care for a young child.

Paternity leave is the time off granted to the non-birthing parent (usually the father) when a new baby arrives. It gives that parent time to care for their partner, look after the newborn, and bond with the child.

In the US, FMLA leave to bond with a newborn, adopted, or foster child is available to eligible employees regardless of gender. The same rules apply to same-sex and different-sex couples.

How Does Maternity Leave by Country Compare Across Latin America?

Most Latin American countries guarantee between 12 and 18 weeks of paid maternity leave, usually at 100% of salary, with the cost carried mainly by national social security. Colombia and Chile sit at the top with 18 weeks, with Chile adding 12 weeks of parental leave. Mexico, the Dominican Republic, and Jamaica sit at 12 weeks.

The table below shows paid maternity leave by country, plus paternity leave, ordered roughly by where US companies hire most, with the US at the bottom for contrast:

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Figures checked in October 2026 against each country's labor code and social security agency (linked in the sections below) and the OECD Family Database. Labor laws change, so confirm the current rules for any specific hire.

Colombia

Colombia guarantees 18 weeks of paid maternity leave: 1 week before birth and 17 after, paid at 100% of salary. That's set by Law 2114 of 2021, which amended the Labor Code. Parents can also choose to share up to 6 of the final weeks of leave.

The employer pays the leave and is reimbursed through the health system (EPS). 

Colombia's 2025 labor reform (Law 2466) didn't change the length or conditions of maternity or paternity leave, so these rules still apply in 2026. 

If you're hiring in Colombia, this is the longest standard maternity leave among the region's four biggest talent markets.

Argentina

Argentina guarantees 90 days of paid maternity leave, traditionally split 45 days before birth and 45 after.

Since the 2024 Ley Bases reform, the employee can instead take as little as 10 days before birth and 80 after.

Pay comes from ANSES, the national social security agency, as a maternity allowance equal to the worker's gross monthly salary. Argentina's 2026 labor reform kept these leave rules in place. 

If you're hiring in Argentina, 90 days is the figure most candidates will recognize.

Brazil

Brazil guarantees 120 days of maternity leave at 100% of salary. The benefit is called salário-maternidade: the employer pays it and deducts it from its social security (INSS) contributions.

Employers enrolled in Empresa Cidadã, a federal tax-incentive program, extend maternity leave by 60 days, to 180 days in total.

For anyone hiring in Brazil, that means 120 days is the legal minimum, and 180 days applies to Empresa Cidadã employers.

Mexico

Mexico guarantees 12 weeks of paid maternity leave: 6 weeks before birth and 6 after, under Article 170 of the Federal Labor Law. The mother can move up to 4 of the pre-birth weeks to after the birth.

IMSS, the social security institute, pays 100% of earnings, with no maximum, to employees in formal employment who have 30 weeks of contributions in the 12 months before the leave.

If you're hiring in Mexico, note that the country’s 12 weeks is below the ILO's 14-week minimum. 

Chile

Chile has the longest combined leave in the region: 6 weeks before birth, 12 weeks after, and then 12 weeks of postnatal parental leave. The parental leave can instead be taken as 18 weeks part-time.

The government pays a subsidy equal to 100% of the mother's average net earnings, up to a monthly cap. The postnatal parental subsidy is capped at 66 UF a month, Chile's inflation-indexed unit of account, equivalent to roughly $2,800 USD as of late 2026.

From the seventh week of parental leave, the mother can transfer up to 6 full-time weeks (or up to 12 part-time weeks) to the father. 

If you're hiring in Chile, that adds up to roughly 30 weeks of protected time around a birth.

Peru

Peru guarantees 98 days of maternity leave: normally 49 days before the due date and 49 after. The leave extends by 30 days for multiple births or a child with a disability. 

Pay comes through EsSalud, Peru's national health insurance system, as a maternity subsidy, and the worker needs 3 consecutive months of contributions to qualify.

Costa Rica

Costa Rica guarantees 4 months of paid maternity leave: 1 month before birth and 3 after, under Article 95 of the Labor Code. Pay matches the worker's salary.

Unlike most of the region, where a government fund covers the full cost or reimburses the employer afterward, Costa Rica splits the bill permanently: the employer pays half the salary directly, with no reimbursement, while the social security system covers the other half.

Uruguay

Uruguay guarantees 14 weeks of maternity leave: 6 weeks before birth and 8 after.

The social security bank, BPS, pays a subsidy equal to 100% of the worker's average pay over the previous six months.

After the leave ends, either parent can also work half-time with a BPS subsidy until the child is 6 months old (more on that below). If you're hiring in Uruguay, this half-time option is part of the statutory picture too.

Honduras

Honduras's Labor Code guarantees 10 weeks of paid leave (4 before birth, 6 after). Workers insured with IHSS, Honduras's social security institute, get up to 84 days instead, with social security covering two-thirds of the pay and the employer covering the remaining third.

A reform extending leave to 18 weeks passed only a first debate in 2023, but is still pending.

If you're hiring in Honduras, 10 weeks under the Labor Code is the baseline figure, though most formally employed candidates will expect the longer, IHSS-covered version.

Guatemala

Guatemala guarantees 84 days of maternity leave (30 before birth, 54 after). IGSS, Guatemala's social security institute, pays 100% of the worker's daily base salary for insured employees.

If you're hiring in Guatemala, plan around 84 days at full base pay.

El Salvador

El Salvador guarantees 16 weeks of maternity leave, 10 of which must be taken after birth. The country's social security institute pays 100% of base salary to contributing workers.

If you're hiring in El Salvador, 16 weeks is above the ILO's 14-week minimum, with the post-birth portion fixed at 10 weeks.

Dominican Republic

The Dominican Republic guarantees 12 weeks of maternity leave (6 before birth, 6 after), paid through the country's health insurance regulator (SISALRIL) subsidy, which equals 3 months of contributory salary.

A Labor Code reform raising this to 14 weeks was reintroduced in the Senate in August 2026, but it isn't law yet.

If you're hiring in the Dominican Republic, 12 weeks is the current legal minimum, and it's worth watching whether the pending reform passes.

Jamaica

Jamaica's Maternity Leave Act allows up to 12 weeks of leave for workers with at least 52 weeks of continuous service with their employer. 

Unlike the social-security-funded model used across most of Latin America, the employer pays the first 8 weeks directly, with no government subsidy covering that portion.

If you're hiring in Jamaica, note that the 12-week entitlement is tied to a full year of continuous service, so it may not apply to a newer hire the way it would in countries where the right applies from day one.

How Does Paternity and Parental Leave Work in Latin America?

Paid paternity leave is now statutory in most Latin American countries, but it's short: usually between 2 days and 2 weeks, with Uruguay as the highlight at 20 days. 

Here's what fathers and non-birthing parents get in each country as of October 2026:

• Colombia: Colombia guarantees 2 weeks of paid paternity leave, with a legal provision allowing it to grow to as much as 5 weeks if a national unemployment measure falls enough, though that hasn't happened yet, so 2 weeks remains the figure to plan around.
• Argentina: 2 calendar days.
• Brazil: 5 days (20 at Empresa Cidadã employers), rising under Law 15.371 of 2026 to 10 days in 2027, 15 in 2028, and 20 in 2029.
• Mexico: 5 working days, paid by the employer.
• Chile: 5 days, taken from birth or spread over the first month.
• Peru: 10 consecutive calendar days of paternity leave, rising to 20 days for premature or multiple births, and to 30 days if the newborn has a terminal congenital illness or severe disability, or if the mother has serious health complications.
• Uruguay: 20 days since January 1, 2026 (3 paid by the employer, 17 by BPS).
• Costa Rica: 8 days, taken as 2 days a week for the first 4 weeks, in force since June 2022.
• Honduras: No statutory paternity leave in force; a 16-day reform is pending.
• Guatemala: 2 days.
• El Salvador: 3 days for a birth or adoption, paid by the employer.
• Dominican Republic: 2 days.
• Jamaica: No statutory private-sector paternity leave identified; the Maternity Leave Act covers mothers only.

Shared or transferable parental leave in Latin America is available in three of these countries: Chile, Colombia, and Uruguay. 

• In Chile, the mother can transfer part of the 12-week postnatal parental leave to the father.
• In Colombia, parents can share up to 6 of the final weeks of maternity leave, paid at the salary of whichever parent takes them. 
• In Uruguay, either parent can work half-time with a BPS subsidy until the baby is 6 months old (9 months in medically complex cases).

This area is changing fast. Brazil has already passed its increase and proposals to extend paternity leave are pending in other countries: in Mexico, a 20-working-day bill cleared Senate committees but still awaits a floor vote, and in the Dominican Republic, a reform would double paternity leave to 4 days.

What Is the State of Maternity Leave in the US in 2026?

The US still has no national paid maternity leave in 2026. Federal law guarantees eligible employees 12 weeks of unpaid, job-protected leave under the FMLA, and any pay depends on the employee's state or employer.

That makes the US the exception among wealthy countries. According to the OECD Family Database, the US “is the only OECD country to offer no statutory entitlement to paid leave on a national basis.” The OECD average is 18.4 weeks of paid maternity leave. 

Globally, the ILO's Care at Work report found just 3 of 185 countries where maternity leave was still unpaid or not provided as of 2021.

Unpaid, job-protected leave under the FMLA

The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 workweeks of unpaid, job-protected leave in 12 months. It covers the birth of a child and bonding with a newborn, adopted, or foster child.

During the leave, the employer must keep the employee's group health benefits running on the same terms as if they were working. The FMLA doesn't require any pay during the leave.

However, not every worker qualifies. To be eligible, an employee must:

• Work for a private employer with 50 or more employees in 20 or more workweeks (public agencies and schools are also covered).
• Work at a location with at least 50 employees within 75 miles.
• And have worked for the employer for 12 months and at least 1,250 hours in the 12 months before the leave.

State paid family and medical leave programs

Paid leave in the US comes mostly from state programs. Virginia became the newest state to pass one in April 2026, which brings the total to 14 states, plus the District of Columbia, with paid family and medical leave laws.

As of October 2026, 12 states and DC are paying benefits: California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington. Three of those started this year: Minnesota and Delaware in January, and Maine in May.

Two more are on the way. Maryland delayed its benefits to 2028, and Virginia's program starts paying benefits in December 2028, with up to 12 weeks of paid leave.

Paid parental leave for federal employees

Federal civilian employees have their own benefit. Under the Federal Employee Paid Leave Act, eligible federal workers get up to 12 weeks of paid parental leave for each birth or placement, in effect since October 1, 2020. They must meet FMLA eligibility and agree to keep working for the agency for 12 weeks afterward.

Other federal protections for pregnant and nursing workers

Two newer federal laws protect workers around pregnancy and the return to work, though neither provides paid leave:

• PUMP for Nursing Mothers Act (December 2022): Employers must give reasonable break time and a private place to pump that isn't a bathroom for one year after the child's birth.
• Pregnant Workers Fairness Act (effective June 27, 2023): Employers with 15 or more employees must provide reasonable accommodations for pregnancy-related limitations unless it causes undue hardship. In May 2025, a federal court vacated the rule's elective-abortion accommodation provision; the rest of the EEOC's regulation remains in effect.

The federal Section 45S tax credit applies to employers that provide paid family and medical leave to qualifying employees. The One Big Beautiful Bill Act made the credit permanent for tax years beginning after December 31, 2025.

How many US workers have paid leave?

About half of US private-industry workers had access to paid family and medical leave in March 2026. The US Bureau of Labor Statistics puts the figure at 49% for private-industry workers and 57% for state and local government workers.

That figure uses a new, broader BLS measure that includes leave to care for yourself or a family member, so it isn't comparable with earlier BLS figures for paid family leave alone.

How Does Latin America Compare to the US on Maternity Leave?

The US is the only OECD country with no national paid leave. All four Latin American OECD members (Chile, Colombia, Costa Rica, and Mexico) guarantee paid maternity leave, and so does every other country in this guide.

Here's the side-by-side view:

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The practical point for you as a US employer: a candidate in Bogotá, São Paulo, or Mexico City usually thinks about maternity leave differently from a US candidate. Paid leave is a legal guarantee where they live, and most know roughly what it covers.

How Can US Employers Build Competitive Offers for Latin American Talent?

A competitive offer for Latin American talent usually starts with base pay, and each country's statutory maternity, paternity, and parental leave sets the legal floor on top of it. Anything a US employer adds beyond that floor, whether it's extra paid leave, better coverage, or a more flexible return to work, is optional.

Base pay comes first

Base pay is usually the first thing candidates compare between offers. Hire With Near's US vs. Latin America Salary Guide gives salary ranges by role that you can benchmark against. 

In the table below, you can see the salary range for some of the roles Hire With Near most frequently places:

Statutory leave is the legal floor

Statutory leave varies by country. Argentina's maternity leave is 90 days, Colombia's is 18 weeks, and Chile adds 12 weeks of parental leave to its 18 weeks of maternity leave. 

The comparison table in this article shows the minimum for each country. 

Optional extras some US employers add

Some US employers choose to add Latin American employee benefits beyond the statutory minimum, depending on their budget and team:

• Additional paid weeks beyond the statutory maternity period.
• Paid leave for non-birthing parents beyond the few days most countries require.
• A phased or flexible return to work, such as reduced hours for the first weeks back.
• Health coverage that includes maternity care.
• Flexible scheduling in the first months after the leave ends.

Benefit rules depend on each country's labor law, so confirm the specifics for any hire with qualified local counsel.

Final Thoughts

For a US employer, the useful takeaway isn't the exact week count in any one country; it's that paid leave is already handled by law and largely funded by the government where your hire lives, so it rarely hits your budget the way it would for a US employee. 

What you decide is whether to add anything on top, and knowing each country's statutory floor is what lets you build a competitive offer without over-promising.

If you're planning your next hire, Hire With Near helps US companies with hiring in Latin America, finding skilled, English-speaking professionals across the region. 

To see the caliber of talent available, get a list of pre-vetted candidates and start interviewing for free.

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