Prepared by Boris Alfaro Castillo and Luisa María Jaramillo
In Judgment C-517 of 2024, the Constitutional Court declared unenforceable the provisions that conditioned paternity protection (known as fuero de paternidad) solely on cases where the mother lacked formal employment. Through this decision, the Court extended paternal protection regardless of the pregnant mother’s employment status, aiming to also safeguard the rights of men who are about to become fathers.
Until now, Article 239 of the Colombian Substantive Labor Code, as amended by Law 2141 of 2021, limited this protection by requiring that the mother be formally unemployed and economically dependent on the father. This excluded many fathers committed to child-rearing simply because their partner had an active employment relationship. The Court found such distinction to be discriminatory and contrary to the constitutional principle of shared parental responsibility.
“The purpose of paternity protection is to ensure shared caregiving, not to depend on the contractual status of the mother,” the high court emphasized.
Accordingly, this decision eliminates the restrictions that conditioned paternity protection on the absence of formal employment by the pregnant mother. The ruling expands the scope of this labor protection to all workers who are about to become fathers, regardless of their partner’s employment situation. From now on, paternity protection applies fully from the moment the employer becomes aware of the pregnancy or the birth, throughout the entire pregnancy, the 18 weeks following childbirth, and the breastfeeding period—regardless of the father’s type of employment contract.
This protection prevents termination of employment or deterioration of working conditions without prior authorization from the Ministry of Labor, as long as the employee demonstrates a genuine commitment to the financial support and care of the child. Only cases where the father fails to meet these responsibilities—such as through child support evasion—are excluded.
With this decision, a solid precedent has been established: reinforced job stability is also a right of working fathers, provided that the pregnant partner is economically dependent on them and the employer is aware of the pregnancy.
From our firm’s perspective, this ruling is particularly significant as it eliminates normative barriers that previously excluded many committed fathers from parental protections, strengthens the principle of equality in the workplace, and redefines the scope of paternity protection as a more equitable guarantee. It also compels employers to apply greater scrutiny in termination processes and reinforces the need for robust compliance policies. Ultimately, this decision promotes a modern and shared approach to family caregiving—one that aligns with dignified work standards and constitutional principles of family protection.
Do not hesitate to contact Brick Abogados if you have any questions or if you would like further details on the topic discussed above.
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This document is for informational purposes only and does not constitute legal advice, nor does it engage the responsibility or professional opinion of Brick Abogados.