DOMINICAN REPUBLIC Law and Practice Contributed by: Carlos Hernández Contreras, Hernández Contreras & Herrera
any other salary earned up to that date and shall comprise payment in legal tender, including the cash equivalent of any payment in nature, if any. • The “regular remuneration” paid on vacation is part of the regular salary, even if the worker does not render services during the vacation. • The annual leave is a 14-working day break paid as follows: (a) after continuous employment of not less than one year and not more than five years, 14 days’ salary; and (b) after continuous employment of not less than five years, 18 days’ salary. Maternity Protection The legal protection of maternity begins from the moment the worker informs her employer of her preg - nancy and extends for the duration of the maternity leave (which is 14 weeks, and its beginning normal - ly coincides with the date of delivery) and up to six months after the date of delivery. During this time the employer cannot exercise a Justified Dismissal (for serious misconduct and without payment of labour benefits) if it does not have authorisation from the Ministry of Labor. However, the employer may exer - cise the Dismissal (termination with payment of labour benefits) if three months have elapsed since the date of delivery and if the 14 weeks of maternity leave have been exhausted. The notice of pregnancy can be given orally, provided that the employer is subsequently notified by any reli - able means, with the presumed date of the report. However, if the pregnancy is notorious, the employer could not allege ignorance, and therefore it is deemed to be communicated to the employer, the same as if the worker proves by any means, that her employer was aware of the pregnancy. In a general sense, the legal protection of maternity implies the following. • During the period of pregnancy, the worker cannot be required to perform work that requires physical effort incompatible with the state of pregnancy. • In cases of night work, the employer shall take the measures set forth in ILO Convention 171 on night work.
• If, because of pregnancy or childbirth, the work the expectant mother or mother performs is detrimen - tal to her health or that of the child, the employer is obliged to facilitate the worker to change jobs. If the change is not possible, the worker is entitled to unpaid leave, without prejudice to maternity leave. • In case of incapacity before the maternity leave, the worker will be entitled to receive the common sickness benefit until 35 weeks of pregnancy. Any request for leave required after 35 weeks will be considered prenatal and therefore will be entitled to maternity and lactation allowance • Pregnancy entitles the employee to 14 weeks of maternity leave, of which at least six weeks must be postpartum. • During maternity leave, the employee will receive the maternity and breastfeeding allowances estab - lished by the SDSS, supplemented by a payment to be paid by the employer. • During maternity leave and if the worker averages the last six months of salary above the contribut - able salary ceiling, it will be the employer’s respon - sibility to cover the difference so that the worker receives the ordinary salary in accordance with the provisions of the first paragraph of Article 239 of the Labor and Employment Code. • During the maternity leave the affiliated worker and the employer must continue contributing to Social Security under the same conditions and propor - tions established in Articles 56 and 140 of Law 87-01. • When a female employee requests the granting of her vacation immediately after maternity leave, the employer is obliged to grant her request. • During the breastfeeding period, the worker has the right, in the workplace, to take three paid breaks during her working day, of at least 20 minutes each, to breastfeed her child, or to a daily reduction of working time for breastfeeding her child. • The dismissal (termination with payment of labour benefits) exercised by the employer during the period of gestation of the worker and up to three months after the date of delivery and during the period of maternity leave is null and void • Any dismissal (dismissal for serious misconduct and without payment of labour benefits) of a preg - nant woman or within six months after the date of
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