On October 19, International Breast Cancer Day was commemorated. Under the National Government’s campaign “Let’s Make Prevention a Tradition,” this Pink October MERSAN emphasizes that a culture of prevention is also built in the workplace, and leave for mammograms and Pap smears is part of it.
What the Law Establishes on Leave for Mammograms and Pap Smears
In Paraguay, Law No. 3803/09, as amended by Law No. 6211/18, grants female workers the right to 2 days of paid leave per year to undergo Pap smear and mammography exams.
This leave covers workers in the public and private sectors, and employers are required to grant it.
How to Request and Justify the Leave
Advance Request and Response Period
To take the leave, the worker must request permission in advance, indicating the planned date of the exams. If 48 business hours pass from the moment the worker submits the request without a response from the employer, the request will be deemed accepted.
Proof to Justify the Absence
In turn, to justify the absence from work, the worker who takes leave for a mammogram and Pap smear must submit, within 48 hours after the medical exam, the certificate or document issued by the health center or hospital proving that the exams were performed.
Fine for Denying the Leave
It is important to emphasize that refusing to grant leave for a mammogram and Pap smear may result in a fine equivalent to 2 minimum daily wages for each affected worker, pursuant to Resolution No. 1173/12.
Internal Procedures for Companies
Beyond regulatory compliance, it is important for companies to have defined internal procedures to request and record these leaves, inform workers about their rights, and facilitate timely access to medical check-ups.
Guaranteeing labor rights is also part of the commitment to the health and well-being of workers.
If your company needs to review its labor procedures, write to us at [email].
Frequently Asked Questions
What is leave for mammograms and Pap smears?
It is the right of female workers to 2 days of paid leave per year to undergo Pap smear and mammography exams, recognized by Law No. 3803/09, as amended by Law No. 6211/18.
Who is covered by this leave?
Workers in the public and private sectors, and employers are required to grant it.
How is the leave requested?
The worker must request permission in advance, indicating the planned date of the exams.
What happens if the employer does not respond to the request?
If 48 business hours pass from the time the worker submits the request without a response from the employer, the request is deemed accepted.
How is the absence from work justified?
Within 48 hours after the medical exam, the worker must submit the certificate or document issued by the health center or hospital proving that the exams were performed.
What happens if the employer denies leave for a mammogram and Pap smear?
The refusal may result in a fine equivalent to 2 minimum daily wages for each affected worker, pursuant to Resolution No. 1173/12.
Have questions? Check out our Labor Law practice area.