Terminal Illness License

The bill amending paragraph 12 of Article 57 of the Substantive Labor Code is moving forward.

Senate Bill No. 171 of 2023 proposes to amend paragraph 12 of Article 57 of the Substantive Labor Code. The bill focuses on the need to expand the scope of sick leave for terminal illness.

The initiative seeks to recognize the right of workers to accompany not only minor children, but also other close relatives in critical health situations, including terminal illnesses, serious accidents, and palliative care needs.

The impact of this reform would be significant, as it promotes a more humane and supportive approach to labor relations, strengthens the right to care and dignity at work, and requires companies to adapt their internal policies to ensure compliance with this new legal obligation. The main changes proposed are:

1. Expansion of beneficiaries. The proposed amendment proposes to include, in addition to parents and children, granting leave when the patient is: i). Spouse or permanent partner ii). Relatives up to the 2nd degree of consanguinity (grandparents, siblings, grandchildren) iii). First-degree relatives by affinity (sons-in-law, daughters-in-law) and up to second-degree relatives by marriage (grandparents, siblings, and adopted grandchildren)

2. New medical conditions covered. Similarly, it is proposed to expand the special conditions that give rise to the granting of leave for terminal illness by adding two (2) as follows: Serious accident with severe clinical symptoms and need for palliative or permanent care.

3. Regulation. However, in order to be eligible for leave, the bill proposes a series of requirements for the worker: i). Minimum of four months of contributions to the health system. ii). Medical certification (Law 1733 of 2014). iii). Response from the employer within a maximum of five business days.

4. Duration. Another change that the modification of the terminal illness leave regime would bring is the length of time for which it can be granted, which is initially ten (10) paid working days, a term that can be extended by ten (10) unpaid working days (optional by agreement).

5. Inclusion of self-employed workers. It should be noted that those suppliers or service providers would be entitled to leave, provided they comply with their obligation to contribute to the SGSS, collecting the leave directly from the corresponding EPS. 

If the amendment is approved, employers, especially companies, would have new obligations under the bill, which would mainly be to update internal policies, establish application protocols, and prepare administratively by coordinating with the EPS for dependent workers and contractors. All in accordance with the terms imposed by the regulations to be issued by the Ministry of Labor.

At RSM Colombia's legal department, we have the technical knowledge and experience necessary to assist your organization in implementing the adjustments required by Bill 171 of 2025.

Our team is prepared to design and implement internal protocols, update labor policies, and ensure regulatory compliance in light of the extension of terminal illness leave. If you have questions about the progress of the legislative process or wish to prepare for its imminent approval, please do not hesitate to contact us. We are here to support you with legal solutions.