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Understanding Maternity Leave in Guatemala is essential for global employers hiring local talent.
Guatemala’s labor framework provides clear protections for pregnant employees, including paid leave, job stability, and lactation rights. However, compliance requires proper documentation, payroll coordination, and awareness of labor protections.
This guide summarizes the legal framework in force through 2026 based on official labor code provisions.
What Is the Duration of Maternity Leave in Guatemala?
Under Guatemala’s Labor Code (Código de Trabajo, Decreto 1441), maternity leave consists of:
- 30 days before childbirth
- 54 days after childbirth
- Total: 84 days of paid leave
The leave is fully paid at 100% of salary.
This structure creates a mandatory prenatal and postnatal protection period that employers must respect.
How Is Maternity Leave Paid in Guatemala?
Salary During Leave
Maternity leave is:
- Paid at 100% of the employee’s salary
- Classified as a fully compensated leave period
The Labor Code references coordination with the Instituto Guatemalteco de Seguridad Social (IGSS) for operational aspects. However, the specific subsidy breakdown was not fully extracted in the referenced execution.
Employer Payroll Considerations
From a compliance and payroll perspective, employers must ensure:
- Accurate salary calculation during leave
- Proper documentation
- Coordination (when applicable) with IGSS
- Payroll continuity during the protected period
For foreign companies hiring in Guatemala, this interaction between labor law and social security administration is critical.
Job Protection During Pregnancy and Lactation
Protection Against Dismissal
Guatemala provides strong employment protection:
- Employers are prohibited from dismissing pregnant employees
- A regime of employment stability (inamovilidad) applies
- Dismissal may require judicial authorization in cases of alleged serious misconduct
Improper termination during pregnancy can expose employers to significant legal risk.
Lactation Rights in Guatemala
After returning to work, mothers are entitled to:
- Two paid 30-minute breaks per day, OR
- Accumulation as:
- One hour late arrival, OR
- One hour early departure
These breaks apply up to 10 months after returning to work, unless medically extended.
Employer Infrastructure Obligation
If a company employs more than 30 female workers, it must:
- Provide a suitable space for childcare and breastfeeding
- Obtain approval from the Labor Inspection authority
This requirement has operational implications for local entities.
Maternity Leave for Adoption
Guatemala recognizes post-adoption leave:
- Leave begins the day after the child is delivered to the adoptive parent
- Documentation of the adoption process is required
This ensures legal adaptation time for the child and parent.
Summary Table – Maternity Leave in Guatemala (2026)
| Component | Rule |
|---|---|
| Prenatal leave | 30 days |
| Postnatal leave | 54 days |
| Total duration | 84 days |
| Salary during leave | 100% paid |
| Paternity leave | Not specified in consulted text |
| Lactation breaks | 2 × 30 min daily (up to 10 months) |
| Job protection | Protected from dismissal |
| Adoption leave | Yes, post-delivery |
Compliance Risks for Foreign Employers
Hiring in Guatemala without understanding maternity regulations can create:
- Payroll miscalculations
- Improper termination risk
- IGSS coordination failures
- Litigation exposure
For companies hiring remotely or without a local entity, these risks multiply.
Hiring in Guatemala? Let’s ensure full compliance.
Expanding Into Guatemala?
Managing maternity leave compliance requires:
- Proper payroll handling
- Labor law expertise
- Social security coordination
- Risk mitigation strategies
At Serviap Global, we help international companies hire in Guatemala compliantly through our Employer of Record (EOR) services.
We manage employment contracts, payroll, benefits, and statutory leave — so you can focus on growth.
Maternity Leave in Guatemala (FAQs)
How long is maternity leave in Guatemala?
Maternity leave lasts 84 days total (30 before birth and 54 after birth).
Is maternity leave paid in Guatemala?
Yes. It is paid at 100% of the employee’s salary.
Can an employer dismiss a pregnant employee?
No. Pregnant employees are protected under employment stability rules, and dismissal may require judicial authorization.
Does Guatemala have paternity leave?
No statutory paternity leave provision was identified in the reviewed labor code text.
