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Legal Leaves of Absence, Vacation and Paid Time Off under Guatemalan Legislation

The following outlines the legal provisions regarding leaves of absence, vacation, and paid time off (PTOs) as stipulated under Guatemalan legislation. These regulations establish the entitlements and requirements for employees in Guatemalan with respect to taking time away from work, including official leave periods, annual vacation, and paid time off.

Vacations

For each year of service with LSG, employees are entitled to fifteen (15) working days of vacation.

  • For vacation purposes, working days will be considered Monday through Friday in all cases.
  • Employees may request vacations after five months of work at LSG, in proportion to the days generated. After one year of continuous service, they will be entitled to fifteen (15) working days of leave. (public holidays in Guatemala are not counted as business days).
  • Legally, the vacation period is determined by the employer. Vacations may be divided or taken partially, upon written request and authorization from the immediate superior. If the employee does not request them, the employer will allocate the period within sixty (60) days after the completed year. Therefore, if an employee refuses to request their vacation or no agreement is reached, the company may unilaterally schedule the employee’s vacation dates, providing at least fifteen (15) working days’ notice.
  • Unused vacations day will be rolled over to the next year.

Paid Sick Leave

Employees are entitled to paid medical leave for the period indicated in the medical certificate, provided that the rest or disability period prescribed by the private physician is approved by the IGSS. In these cases, the employer is required to pay only the first day of the medical leave, in accordance with Guatemalan legislation.

Maternity Leave

Employees in Guatemalan are entitled to a total of eighty-four (84) calendar days total paid leave. This period may be divided so that thirty (30) days is taken prior to the expected date of childbirth, with the remaining fifty-four (54) days to be taken following the birth. The allocation between pre- and post-natal leave may be adjusted based on medical recommendations in certain cases, ensuring flexibility for the health and well-being of both mother and child.

Paternity Leave

The father is entitled to two (2) days of paid paternity leave, for which the Birth Certificate must be granted within thirty (30) days following the birth.

Wedding leave

Employees are entitled to five (5) days of paid leave upon getting married. The employee must provide a document that supports this event.

Bereavement Leave

Employees are entitled to three (3) paid business days of bereavement leave in the event of the death of an immediate family member. Eligible relatives for this leave are: parents, children, spouse or permanent partner.

Elections Leave

Employees have the right to take the necessary time to exercise their right to vote in popular elections, without any reduction in their salary.

Public entities appointments and similars

The employer must grant the corresponding leave to employees who are required to appear before a judicial or administrative entity. Before granting the leave, the employee must present the corresponding summons as well as the document supporting the time taken to attend, including the date and time of completion of the procedure (Judiciary/Prosecutor’s Office/governmental entity).

  • Summons within Guatemala City: Must not exceed half a day
  • Summons outside Guatemala City: 1 full day

Other Paid Time Off (PTOs)

In the case of personal leave, the time taken may be deducted from the employee’s salary or compensated with an equivalent amount of effective work performed outside of their regular working hours, at the company’s discretion.

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