The Law authorizing workers to be absent for vaccination was approved.

The Law authorizing workers to be absent for vaccination was approved.

The Project promoted in recent days by the Ministry of Labor and Social Security (MTSS) was approved yesterday unanimously, guaranteeing that workers do not lose their salary if they are scheduled to be vaccinated against the COVID-19 virus during their working hours, according to the vaccination plan established by the Ministry of Public Health.

The Law authorizing workers to be absent for vaccination was approved.

The rule specifically establishes that the worker will have the right not to attend work on the day of vaccination for a maximum period of four hours, which will be paid as worked hours and considered for all purposes as such.

Likewise, it is established that in case the vaccination requires the administration of two doses, the right will apply to both days, applying the maximum limit of four hours for each one of them.

For these purposes, the worker must notify their employer or superior in advance that they will attend to be vaccinated, and justify the effective completion of the vaccination within the following three immediate days.

In turn, the approved text contains an addition that states that this benefit will apply to those who have already been vaccinated (before the approval of this rule) during their working hours, justifying the effective vaccination. The justification can be obtained after receiving the second dose through the following link: https://www.gub.uy/uruguaysevacuna/consulta-certificado-digital-vacunacion-covid-19/

According to the MTSS, the national regulatory framework and the current context justify the need to encourage vaccination. Legislatively, Law No. 9,202 of 1934 states that it is essential in situations of epidemics or serious threats of invasion of infectious and contagious diseases, the adoption of prevention measures by the State to protect the health of the population and achieve herd immunity.

In the statement of reasons for the project, reference was made to the fact that since March 13, 2020, in our country, the fight against the pandemic has focused on measures to prevent contagion and it was argued that “considering that vaccination is a voluntary act and considering the current system of assigning a day and time for vaccination, it is advisable to regulate the aspect related to the time it takes for such inoculation when it coincides with the workday, whether in the public or private sector. Similarly, laws have been passed to protect the health of workers. Thus, through Law No. 16,168, of December 24, 1990, regarding the Blood Donation Leave, and Law No. 17,242, of June 20, 2020, on Special Leave for Pap Smear and/or Mammography, among others.

Montevideo, April 7, 2021.

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About la autora

LAWYER - PARTNER

Dr. Mariana Casella

Doctor in Law and Social Sciences, graduated from the University of the Republic. Her professional practice and training is focused on Labor Law, with a postgraduate degree in Labor Law (University of Montevideo). Since joining the firm in 2013 "Castellán Legal | Fiscal | Contable" she has led the Labor Department, becoming a partner in 2016.

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