Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Argentina. This article explains Argentina’s leave laws, including Sick Leave Annual Leave Paternity leave Maternity Leave Bereavement Leave Jury Duty Leave Marriage leave Study leave Military Leave Voting Leave Whether you are an employer making leave policies or an employee learning about your rights.
| LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
|---|---|---|---|---|---|
| Sick Leave | Up to 3 to 12 months depending on tenure and family status. | Not accrued; granted when needed. | No carryover; use as needed. | No payout for unused sick leave. | No end-of-year payout. |
| Annual Leave | Minimum of 14-35 days based on tenure. | Accrued based on years of service. | Limited carry over allowed. | Payout for unused leave. | No end of year payout. |
| Paternity leave | 2 days | N/A | N/A | N/A | N/A |
| Maternity Leave | 90 days | N/A | N/A | N/A | N/A |
| Bereavement Leave | 3 to 5 days depending on the relationship. | Not accrued; granted per incident. | Not applicable. | Not applicable. | Not applicable. |
| Jury Duty Leave | As long as required by court duty. | Not accrued; granted per summons. | Not applicable. | Not applicable. | Not applicable. |
| Marriage leave | 10 days of paid leave. | Not accrued; granted per marriage. | Not applicable. | Not applicable. | Not applicable. |
| Study leave | 2 days per exam, up to 10 days annually. | Not accrued; granted as needed. | Not applicable. | Not applicable. | Not applicable. |
| Military Leave | As long as required by military service | Not accrued; granted per call-up. | Not applicable. | Not applicable. | Not applicable. |
| Voting Leave | 2 hours of paid leave. | Not accrued; granted per election. | Not applicable. | Not applicable. | Not applicable. |
Employees are entitled to 3 months of paid sick leave if they have less than 5 years of service, and 6 months if they have over 5 years. This doubles if the employee has dependents, providing 6 and 12 months respectively.
Employees must notify their employer as soon as possible and provide medical certification.
Approval is contingent on the submission of appropriate medical documentation.
The law does not provide for additional sick leave beyond the stipulated duration, but employers may offer extensions."
Sick leave is granted as required by medical necessity and does not accrue over time.
Sick leave does not carry over from one year to the next.
Unused sick leave is not compensated upon termination.
There is no requirement to pay out unused sick leave at year-end.
Additional leave may be granted in cases of work-related illnesses or injuries as per occupational health regulations.
Employees are entitled to a minimum of 14 days of paid annual leave, which increases to 21 days after 5 years, 28 days after 10 years, and 35 days after 20 years of service.
The notice period for taking annual leave is not explicitly stipulated by law, but typically requires coordination with the employer well in advance to ensure proper scheduling.
Taking annual leave requires approval from the employer, usually based on operational requirements and scheduling within the company.
There are no general statutory provisions for additional annual leave quota beyond what is accrued with tenure.
Annual leave is accrued annually, with the amount of leave days increasing at certain service milestones (5, 10, and 20 years).
Carrying over annual leave to the next year is typically permitted, but it is often limited and must be used within a certain period, usually within the first quarter of the next year.
Upon termination of employment, any accrued but unused annual leave must be paid out to the employee.
There is generally no end-of-year payout for unused annual leave unless the employment is terminated.
Employees are encouraged to utilize their annual leave within the calendar year it is accrued to avoid forfeiture, unless arrangements for carryover are made.
Fathers are entitled to 2 days of paternity leave, which should be taken around the time of childbirth.
Fathers need to inform their employer as soon as possible, typically right before or immediately after the childbirth.
Paternity leave does not typically require formal approval but does require notification.
Additional paternity leave is not standard and would depend on individual employer policies or collective agreements.
Paternity leave does not accrue and is available as a statutory entitlement at the time of childbirth.
There are no carry over rules for paternity leave as it is intended for use specifically around the time of childbirth.
There is no payout for unused paternity leave upon termination, as this leave is designated for a specific event.
End of year payout does not apply to paternity leave.
Paternity leave is intended for immediate use around the time of childbirth and cannot be used at a later date.
Pregnant employees are entitled to 90 days of maternity leave, which can be divided into 45 days before and 45 days after childbirth.
Employees are required to provide notice of the intention to take maternity leave, typically at least several weeks in advance of the expected birth date.
While not requiring approval per se, maternity leave does require notification and appropriate medical certification.
Additional maternity leave beyond the 90 days is not commonly available unless specified by additional medical requirements or employer policies.
Maternity leave does not accrue but is granted as a right under employment law.
Carry over is not applicable to maternity leave as it is tied to the event of childbirth.
Maternity leave is not subject to payout on termination as it must be used in relation to childbirth.
End of year payout is not applicable for maternity leave.
During maternity leave, employees are entitled to maintain their health benefits and other contractual rights.
Employees are entitled to 3 days of paid leave for the death of a close family member (parent, child, spouse) and 1 day for other relatives.
Employees should notify their employer as soon as possible about the bereavement.
Bereavement leave is a statutory right and does not require formal approval beyond notification.
Employers may grant additional unpaid bereavement leave at their discretion.
Bereavement leave is granted as needed and does not accumulate over time.
Bereavement leave must be taken at the time of the incident and cannot be carried over.
Bereavement leave is not compensated if unused upon termination.
Bereavement leave is not subject to year-end payouts.
Employers may request proof of the relationship or death for bereavement leave to be granted.
Employees are entitled to unpaid leave for the duration of their jury duty service.
Employees must inform their employer as soon as they receive a jury duty summons.
Jury duty leave is a legal requirement and does not need employer approval.
Jury duty leave covers the full period required by the court and does not have a quota.
Jury duty leave is granted each time an employee is summoned for service.
Jury duty leave cannot be carried over as it is tied to specific court summons.
There is no payout for jury duty leave upon termination.
Jury duty leave is not subject to year-end payouts.
Employers may request documentation confirming the employee's jury duty.
Employees are entitled to 10 consecutive days of paid leave when they get married.
Employees must notify their employer in advance of their planned wedding date and leave period.
Marriage leave is a statutory right and does not require formal approval beyond prior notification.
Employers may offer additional unpaid or paid marriage leave, but it is not mandated by law.
Marriage leave is granted once per marriage and does not accumulate over time.
Marriage leave must be used around the time of the wedding and cannot be carried over.
Unused marriage leave is not compensated upon termination.
Marriage leave is not subject to year-end payouts.
Employers may request documentation, such as a marriage certificate, to validate the leave request.
Employees pursuing formal education are entitled to 2 days of paid leave per exam, up to a maximum of 10 days per year.
Employees must inform their employer in advance and provide proof of exam dates from the educational institution.
Study leave is a statutory right but requires prior notification and proof of enrollment and exam schedules.
Employers may grant additional unpaid study leave beyond the statutory limit.
Study leave is granted for specific exam dates and does not accumulate over time.
Study leave must be used for the specified academic year and cannot be carried over.
Unused study leave is not compensated upon termination.
Study leave is not subject to year-end payouts.
Study leave is only granted for exams at officially recognized educational institutions.
Employees called for mandatory military service or training are entitled to unpaid leave for the duration of their service.
Employees must inform their employer as soon as they receive notification of military service.
Military leave is a statutory right and does not require employer approval.
Military leave covers the entire period required by military authorities.
Military leave is granted whenever an employee is called to serve and does not accumulate over time.
Military leave is tied to the specific service period and cannot be carried over.
There is no payout for military leave upon termination.
Military leave is not subject to year-end payouts.
Employers are required to reinstate employees returning from military service to their previous position or an equivalent one.
Employees are entitled to 2 hours of paid leave to vote in national, provincial, or municipal elections if voting falls during working hours.
Employees must notify their employer in advance if they intend to take time off to vote.
Voting leave is a statutory right and does not require employer approval, only notification.
The law stipulates a fixed 2-hour leave for voting; additional time may be granted at the employer’s discretion.
Voting leave is granted for each election and does not accumulate over time.
Voting leave must be used on the day of the election and cannot be carried over.
There is no payout for unused voting leave upon termination.
Voting leave is not subject to year-end payouts.
Employers may request proof that the employee voted if voting leave is used.
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