Paternity leave and breastfeeding break in Peru: how many days and hours you get
A working father gets 10 calendar days of paid paternity leave for a birth, rising to 20 for a premature or multiple birth, and to 30 for a terminal congenital illness, severe disability in the baby, or serious complications in the mother's health. A working mother also gets a paid one-hour daily breastfeeding break until the child turns one (two hours for a multiple birth), which can be split into two parts.
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Peruvian State portal (gob.pe) · lpderecho.pe
Checked 1 Oct 2026Next review 20 Mar 2027
What is still unverifiedThe Ley N.º 27240 citation (breastfeeding break) comes from a secondary source (lpderecho.pe), not the official text — a clean fetch of leyes.congreso.gob.pe/spij.minjus.gob.pe was not achieved in this review, so the page is downgraded from "verified" to "partial" until that citation is confirmed against an official source.
Paternity leave: not one fixed number, but four scenarios
Since 2018, Law 30807 replaced Article 2 of Law 29409 and expanded what was originally 4 days. The current text gives a working father “ten (10) consecutive calendar days in cases of natural birth or cesarean” — that’s the base scenario, with no complications.
The same law extends that period in three situations:
- 20 calendar days for premature births or multiple births.
- 30 calendar days for a birth with a terminal congenital illness or severe disability in the baby.
- 30 calendar days for serious complications in the mother’s health.
These are calendar days, not business days, and consecutive: they run straight through, and the worker cannot split them up over time by choice.
When the count starts
The law gives real flexibility about the starting point: the worker can choose to start the leave from the birth date, from the medical discharge date of the mother or child, or from three days before the estimated due date, if supported by a medical certificate. That lets a father, for example, be there for the last days before birth rather than only the days after.
If the mother dies during childbirth
The law covers a scenario almost nobody knows about: if the mother dies during childbirth or while on her own maternity leave, the father doesn’t lose either benefit. The law states that, in this case, “the father of the newborn child shall be a beneficiary of that leave with pay, such that the leaves accumulate” — in other words, both periods add up.
Breastfeeding break: one paid hour a day, until age one
For the working mother, Law 27240 recognizes a separate, compatible right: one hour a day of breastfeeding break from the end of her postnatal leave, until the child turns one year old. That break:
- Is recognized as time actually worked, for all legal and pay purposes — it’s paid, and it can never be deducted.
- Can be split into two equal parts within the workday, on a schedule agreed between the worker and her employer.
- For a multiple birth, the break increases by one more hour a day — that is, two hours a day in total, following the same rules on splitting and pay.
What to do if the employer doesn’t respect it
Both rights — paternity leave and the breastfeeding break — are enforced by Sunafil. If the employer refuses to grant them, to pay them correctly, or to extend the leave when the birth fits one of the expanded scenarios, the path is a complaint to Sunafil, backed by the birth certificate and, where it applies, the medical certificate documenting prematurity, disability, or complications.
How to file
- Confirm which of the four paternity-leave scenarios applies10 days for a natural birth or cesarean with no complications; 20 days if the birth was premature or multiple; 30 days if there's a terminal congenital illness or severe disability in the newborn, or serious complications in the mother's health.
- Choose when your leave starts countingThe law gives you the choice: from the birth date, from the mother's or baby's medical discharge date, or from three days before the estimated due date, if you support it with a medical certificate.
- If the mother dies during childbirth or her leave, you don't lose those daysThe law makes you a beneficiary of the maternity leave with pay, so it accumulates with your own paternity leave.
- As a working mother, use your breastfeeding break once your postnatal leave endsOne hour a day until the child turns one, paid as worked time. For a multiple birth, it's two hours a day. You can agree with your employer on whether to take it all at once or split into two parts.
- If the employer denies either of these rights, the route is SunafilSunafil enforces compliance with these leaves and breaks. Keep the birth certificate or medical certificate documenting your situation before filing a complaint.
What most people believe — and what the law says
Paternity leave is 4 days, like when the law first passed.
That was the original length under Law 29409 in 2009. Since 2018, Law 30807 replaced it with 10 calendar days for a normal birth, with extensions up to 30 days in certain cases. The 4-day figure is outdated.
The extra days for a premature or multiple birth, or for complications, are a separate perk you have to negotiate with your employer.
They're set directly by law: 20 calendar days for premature or multiple births, and 30 days for a terminal congenital illness, severe disability in the baby, or serious complications in the mother's health. It's not a negotiation — it's a right, as long as the situation is documented.
The breastfeeding break has to be taken all at once, as one straight hour.
The law allows it to be split into two equal parts within the workday. The worker and her employer can agree on the exact schedule.
The breastfeeding break isn't paid because the mother isn't working during that hour.
It's recognized as time actually worked, for all legal and pay purposes — it's paid the same as any other hour of the workday.
Frequently asked questions
Are the 10 days of paternity leave business days or calendar days?
They're calendar days, not business days, and they run consecutively. That means Saturdays, Sundays, and holidays count toward the total, and you can't split them up over time by choice.
From what date can I start counting my paternity leave?
The law gives you three options: from the birth date, from the medical discharge date of the mother or the child, or from three days before the estimated due date, if you support it with a medical certificate. You can pick whichever works best for you.
What happens to my leave if the mother dies during childbirth?
You don't lose anything: the law makes the father a beneficiary of the maternity leave with pay, so it accumulates with his own paternity leave. It applies whether she dies during childbirth or while she's still on her maternity leave.
What should I have ready if I need to file a complaint with Sunafil because my employer isn't respecting the leave or the break?
The baby's birth certificate, and if your case falls under one of the extended scenarios (prematurity, multiple birth, congenital illness, severe disability, or serious complications in the mother), also the medical certificate documenting it. Sunafil enforces compliance with both rights.
The exact law
Law No. 30807Sole Article (substitutes Article 2 of Law No. 29409)read
Law amending Law 29409 — paternity leave days for a natural birth or cesarean
«diez (10) días calendario consecutivos en los casos de parto natural o cesárea»
↳Sole Article, item 2 (substitutes Article 2 of Law No. 29409)read
Extended paternity leave for premature births, multiple births, terminal congenital illness, severe disability, or serious complications in the mother
«Veinte (20) días calendario consecutivos por nacimientos prematuros y partos múltiples […] Treinta (30) días calendario consecutivos por nacimiento con enfermedad congénita terminal o discapacidad severa […] Treinta (30) días calendario consecutivos por complicaciones graves en la salud de la madre»
↳Sole Article, item 4 (substitutes Article 2 of Law No. 29409)read
What happens if the mother dies during childbirth or during her maternity leave
«En el supuesto que la madre muera durante el parto o mientras goza de su licencia por maternidad, el padre del hijo/a nacido/a será beneficiario de dicha licencia con goce de haber, de manera que sea una acumulación de licencias»
Law No. 27240, Law granting a breastfeeding break, as amended by Law No. 28731Article 1unread
One-hour daily breastfeeding break until the child turns one, with an extra hour for multiple births, paid, and divisible into two parts
«La madre trabajadora, al término del período postnatal, tiene derecho a una hora diaria de permiso por lactancia materna, hasta que su hijo tenga un año de edad. En caso de parto múltiple, el permiso por lactancia materna se incrementará una hora más al día. Este permiso podrá ser fraccionado en dos tiempos iguales y será otorgado dentro de su jornada laboral, en ningún caso será materia de descuento.»
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