Nicaragua recently increased the duration of paid maternity leave from 12 to 13 consecutive weeks (91 calendar days). The updated provisions on increased maternity leave took effect in two phases: certain amendments were implemented starting 18 February 2025, while the remaining provisions entered into effect on 25 April 2025.
Background
The increase in duration of paid maternity leave has been implemented through amendments to the Constitution (effective 18 February 2025) and the Social Security Law (effective 25 April 2025).
As part of Nicaragua’s constitutional reform, which took effect on 18 February 2025, a provision was added to the Constitution to guarantee that women are entitled to a minimum of 90 calendar days of paid maternity leave. Prior to this reform, the duration of maternity leave was 12 weeks (84 calendar days), as set out in the Labor Code and Social Security Law.
Since constitutional provisions take precedence over other laws, as of 18 February 2025, all female employees are entitled to at least 90 calendar days of paid maternity leave.
Key details
To align with the constitutional amendment, the Social Security Law was subsequently amended with effect from 25 April 2025.
Previously, female employees covered by social security were entitled to a maternity leave allowance for 12 weeks (84 calendar days), being the four weeks before and eight weeks after childbirth. From 25 April 2025, the postnatal period has increased from eight to nine weeks, increasing the total social security-paid maternity leave from 12 to 13 weeks (91 calendar days). While the constitutional amendment specifies that women are entitled to a minimum of 90 calendar days of paid maternity leave, legislators have opted to provide 91 calendar days in the revised Social Security Law.
Maternity leave benefits remain unchanged, with employees who have made at least 16 weekly contributions within the 39 weeks before their expected delivery date entitled to receive the following benefits:
Maternity leave allowance of 60% of their average weekly remuneration, paid by social security
40% of average weekly remuneration, paid by their employer
Employees who are not eligible for maternity leave allowance from social security remain entitled to full pay from their employer during maternity leave.
Employer action: ACT
Employers should review and update their family leave policies and procedures, employee handbooks, internal work regulations and collective agreements, where applicable, to reflect the increased duration of paid maternity leave of 13 consecutive calendar weeks (four weeks before and nine weeks after childbirth).
Further Information
Law Amending the Social Security Law, Decree No. 974 (opens a new window)
