Recognition of disabilities due to general illness, maternity and paternity leave

Procedure for the recognition of Disabilities and Maternity and Paternity Leave

The EPS Comfenalco Valle, informs you of the procedure for the economic recognition of disabilities due to general illness, as well as maternity and paternity leave of its workers, a procedure adjusted to Decree 19 of January 10, 2012.

Procedures

The doctor or dentist issues disability or maternity leave to the contributing member.

The contributing member delivers to his employer the original certificate of disability or leave, issued in the EPS or IPS or medical professional stationery, whose purpose is to support the absence from work and as a document to request economic recognition before the EPS.

  • The employer completes the original and copies the application form for the recognition of economic benefits.
    Download disability format
    See filing procedure
  • Attach the original certificates of disability or license and supporting documents as appropriate.
  • The employer presents the documentation at the EPS Service Points.
    See settlement points
  • Preferably fill out one form for disabilities and another for licenses.

The EPS receives the request with the supporting documents, as the case may be, reviews compliance with requirements and pays or reports news to the company or the independent worker.

Note: The answer may be the notification of payment or of non-coverage of the economic recognition, within twenty (20) business days following the request for the contribution. (Decree 4023 of 2011), this response will be sent to the address reported by the employer in our database.

The timeliness of the response is subject to the quality of the information in the certificate of disability or license and that the supporting documents presented by the company are complete.

Valle - Cauca headquarters location points

POINTS TO FILE THE APPLICATION FOR ECONOMIC RECOGNITION OF ECONOMIC BENEFITS.

Authorizations House: Calle 7 # 8 - 79

ACT .: 20032019

Supporting documentation

Form: Download the application form for the recognition of economic benefits for disabilities, maternity and paternity leave in the column on the right.

If the contributing company or affiliate does not submit the application form for the recognition of economic benefits, request the form at the service point.

In addition to the application form, submit:
1. Original certificate of disability or maternity leave. If the disability was caused by a traffic accident, attach a SOAT report. 2. Civil registration of birth to request recognition of maternity and paternity leave.
3. Bank certification of the company or independent worker (sole beneficiary, not shared) where it authorizes the consignment of the values corresponding to economic benefits as of the date. The certificate issued by the bank (ACH) must not be valid for more than one year from the date it is being requested for economic recognition.

Note: If the company requires to change the account number, the bank certification must be attached again. 

The application for financial recognition must be submitted within 30 business days from the date of birth of the child:
1. Application form.
2. Bank certificate
3. Photocopy of the child's birth record

In the case of paternity leave for adoption, civil registration of the birth of the child of the biological or adoptive parents.

Adoptive father paternity leave:
1. Certificate of placement of the ICBF.
2. Photocopy of the Civil Registry of Birth of the child (biological or adoptive parents)

1. For the purposes of the leave, the worker must present the employer with a medical certificate, which must include:
a) The worker's pregnancy status
b) The indication of the probable day of delivery
c) The indication of the day from which the license must begin, taking into account that, at least, it must begin 1 to 2 weeks before delivery, in accordance with the provisions of Decree 1468 of 2011.
2. Photocopy of the child's birth record
3. Death certificate in case of death of the child

In the case of maternity leave for adoption:
Adoptive mother: Copy of the placement certificate issued by the ICBF.
License start date: Date on which the Placement Certificate issued by the ICBF is issued.
Adoptive parent - Without spouse or permanent partner: Copy of the ICFB Resolution by means of which parental authority is granted.
License start date: Date on which the ICFB Resolution is issued where parental authority is granted.
Note: In this case, paternity leave is not authorized.

Maternity leave granted to the father upon the death of the mother:
1. Certificate issued by the employer stating the day from which the maternity leave granted to the father due to the mother's death begins, indicating the duration, which must be equivalent to the time remaining to expire the period of the leave given to the mother after delivery. (Decree 1468 of 2011 - External Circular 13 of 2012).
2. Bank certificate
3. Civil registration of the minor's birth
4. Mother's death record
5. Certificate of affiliation of the mother's EPS, in case she is not affiliated with Comfenalco Valle or Compensar

This benefit only applies to mothers and fathers who are contributing members.

When the maternity leave was issued outside the country, the documents must be:
1. Legalized and translated into Spanish, signed by the Consul.
2. The signature of the Consul must be endorsed by the Ministry of Foreign Affairs.
3. In the case of public documents (when the mother is cared for in state institutions of the country where the license is issued) there is no need to do this procedure, the documents are validated with the apostille stamp.

Note: These documents also apply in the case of the application for economic recognition for paternity leave of children born abroad.

It is the responsibility of the company, internally inform all its workers of the obligation to present the original certificates of incapacity or maternity leave or the civil registration of the child's birth, in the case of paternity leave, in order to legalize their absence from work and Support the application for economic recognition before the EPS by the company. 

It is the responsibility of the worker to demand from his treating physician that the disability or maternity leave be delivered to him duly completed and in original format, in addition, it must contain the following information: number of days of disability, diagnosis, date of issue and start date, signature and medical record. It is worth clarifying that it should not have studs or amendments.

CLEARING THE FORMAT
Follow these instructions to fill out the financial benefits recognition form: 
Instructions for completion

ACT. 30072015

Instructions for filling out the form

Follow these instructions to fill out the financial benefits recognition form:

Applicant details

Company name or name of the independent worker, type and identification number, address, city, landline number and cell phone number, E-Mail and Name and position of the contact person.

Contact. Authorization of payment of disabilities and licenses by electronic transfer.

Keep in mind the following aspects related to the bank account:
1. The account must be active.
2. Be the sole owner.
3. Be the beneficiary of the payment. Check one of the following options:
Previously registered account: If the request is to consign in the account that is in the EPS Database and the previous payments have been effective
Attached bank certification: When the payment by consignment is to be made for the first time or requests a change of account.

List of workers who were issued disability and whose certificates are attached to this form.

Record the identification number and name of the worker, for each of the certificates attached to the form. Record the number of certificates attached for each of the workers.
Attach the supporting documents to the list as appropriate.

Frequently asked questions economic benefits

Unfold each question to see the answer

NO, the EPS does not transcribe the certificates, the EPS accepts the certificates of disability or maternity leave in the stationery of the IPS or assigned medical professionals, except for three exceptions with the presentation of the original certificate of disability:

  • Pension fund: disability extensions greater than 180 days.
  • Dual Employer - Affiliate is listed for more than one company and requires an original certificate to present to each employer.
  • Disability of professional origin: work accident or professional illness, to present the request for economic recognition directly to the ARP.

The monetary aid for non-professional illness may not be less than the current legal minimum wage.
Sentence C-543/07

DaysValue settled by EPSFormulaLegal regulation
1 to 2Zero (0)Recognized by the employerDecree 2943 of 2013
3 to 902/3 (66.667%) of the contribution base incomeINITIALDecree 2943 of 2013, CST, Art. 227 and 228, Decree 770/75, Art. 9, Letter c), External Circular No. 011/95, No. 1.3, Decree 3135/68, Art. 18, Decree 1848 / 69, Art. 9
(IBC month prior to the start of disability * 2 * No. days (-2)) / (30 * 3)
EXTENSION
(IBC initial disability * 2 * No. days) / (30 * 3)
91-1801/2 (50%) of initial disability contribution base income(IBC initial disability * 1 * No. days) / (30 * 2)
180 days onwardsThey are processed directly to the Pension Fund to which the contributor is affiliated1/2 (50%) of initial disability contribution base income Decree 1848 of 1969, Art. 27. Decree 1848 of 1969, Art. 60. Decree 2463 of 2001, Art. 23

Note: Disabilities caused by professional illness or work accident are recognized from the same day of the accident, directly by the Professional Risk Administrator (ARP), with the IBC's 100% on the date the disability began. 

POINTS TO FILE THE APPLICATION FOR ECONOMIC RECOGNITION OF ECONOMIC BENEFITS.

Points of AttentionAddressTelephoneDaysSchedule
Cali mainCalle 5 No 6 -63 Tower B 1st Floor8862727Monday to Friday7:30 am to 5:30 pm Continuous day
Northeast CaliRace 8 No 52 - 1644853137 / 4853129Monday to Friday7:30 a.m. to 12:00 p.m. 1:45 pm to 6:00 pm
North caliAvenida 3N No 45N - 894851969 /70 / 71Monday to Friday7:30 a.m. to 12:00 p.m. 1:45 pm to 6:00 pm
Cali eastTransversal 103 with Calle 956875900 Ext 131Monday to Friday7:30 a.m. to 12:00 p.m. 1:45 pm to 6:00 pm
South caliPasoancho Avenue No 64 - 103155662 / 3155560Monday to Friday7:30 a.m. to 12:00 p.m. 1:00 pm to 6:00 pm
BugaCalle 7 No. 11-27228850 / 2375654Monday to Friday7:30 a.m. to 12:00 p.m. 1:00 pm to 6:00 pm
JamundíCalle 10 No. 9 - 275539668Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
Santander de QuilichaoRace 8 A No. 2 - 468290152 / 8294264

Monday to Friday

7:30 am - 12:00 m.

Saturday

1:45 pm - 6:00 pm
PalmiraCalle 27 No. 29 - 842704877 / 280 8061Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
YumboRace 4 No. 11 - 386588864Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
TuluaCalle 26 No. 34 - 11226 2608 / 226 2559Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
CarthageCalle 8 N ° 4 - 1022144050Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
PopayanAv. Panamericana No. 6N -11823 4614 / 823 9728Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
BuenaventuraStreet 2 No. 2A - 73242 2860 / 242 2850Monday to Friday7:30 am - 12:00 m. 1:45 pm - 6:00 pm
GuyDaysValue settled by EPSFormulaLegal regulation
Delivery to term98100% of the base contribution salary of the starting month.(IBC start month * N ° of days) / 30Law 1468 of June 30, 2011 Agreement 414 of 2009 External Circular No. 011 of 1995, No. 1.4
Premature delivery98 plus days until completing 40 weeks of gestation
Multiple birth with more than one child112
Multiple premature birth112 plus days until 40 weeks of gestation are completed
Non-viable delivery
With stillborn newborn
Up to 28 daysWork Substantive Code Art. 237

Note: For independent workers and community mothers who contribute up to a current legal monthly minimum wage, the economic benefit proportional to the days contributed during the gestation period will be recognized.

The start date corresponds to the child's date of birth.

DaysLiquidated by the EPSFormulaLegal regulation
8 business days100% of the base contribution salary of the month in which the leave begins.(IBC month of license start * 8 business days) / 30Law 1468 / June 30, 2011. Law 755 of 2002.

Electronic transfer: Consignment of value authorized to pay into the account of the employer or independent worker.

FOR THE RIGHT TO ECONOMIC RECOGNITION OF DISABILITIES DUE TO GENERAL ILLNESS
Employer's application filed with the EPS with the original certificate of disability
ThemeInabilityLegal regulation
Start dateSame as the date of the medical evaluation 
MembershipThe contributing worker must be affiliated on the start date of the disability by the company that makes the request for economic recognitionDecree 806 of 1998, Art. 8. Paragraph. Art. 74, 75, 76, 80. Decree 1804 of 1999, Art. 21, Numeral 2. Decree 047 of 2000, Art. 3, numeral 1. Decree 783 of 2000, Art. 9
Opportunity to pay the health contributionAt least four (4) of the six (6) contribution payments prior to the disability start date must have been timely.Decree 1804 of 1999, Art. 21. Number 1
Coverage of Economic Benefits according to Administering EntityEPS: General illness (up to 180 days)Law 100 Art 206.-Disabilities
EPS: Traffic AccidentDecree 3990 of 2007, Numeral 5, Paragraph 6
ARP = Work accidentLaw 100 of 1993, Art. 208. Decree 1295 of 1994 Article 2, literal c). 
ARP = Occupational Disease 
AFP = General illness (greater than 180 days)Decree 1848 of 1969, Art. 27. Decree 1848 of 1969, Art. 60. Decree 2463 of 2001, Art. 23
BeneficiariesNon-pensioned contributing memberExternal Circular No. 011 of 1995, Numeral 1.3
Validity(3) years from the start date of the disabilityLaw 1438 of 2011 - Reform of the SGSSS, Art. 28
Number of days recognized by the EPSFrom day 3 to 180 of disability extension (calendar)Decree 2943 of 2013, CST, Art. 227 and 228, Decree 770/75, Art. 9, Letter c), External Circular No. 011/95, No. 1.3, Decree 3135/68, Art. 18, Decree 1848 / 69, Art. 9.

Delay on contributions

In case of delay, the responsible employer must directly assume the cost of economic benefitsDecree 806 of 1998, art. 8 and Decree 1804 of 1999, Art. 21.

Contributions during the period of disability or leave

The contributing worker must have a contribution during all the days of the disability or leaveDecree 1406 of 1999, Article 40, Paragraph 1. Decree 1804 of 1999, Art. 21, Number 2
Trading periods

The worker must have contributed at least four (4) weeks in an uninterrupted and complete way, prior to the start date of the disability.

Decree 783 of 2000, Art. 9.

Non-compliance with legal requirements

They will be borne by the employer or independent worker in the events in which the reimbursement of the same by the EPS does not proceed.Decree 806 of 1998, art. 8 and Decree 1804 of 1999, Art. 21.

Payment of the economic benefit.

The payment will be made directly by the employer to the dependent contributing member, with the same periodicity as their payroll.External Circular No. 011 of 1995, Numeral 1.3.
Disabilities not covered by EPS
InabilityLegal regulation
The initial disabilities of 1 or 2 days, are in charge of the respective employers.Decree 2943 of 2013
Days of disability that intersect with prior or subsequent days of disability or leave are not recognized.External Circular No. 011 of 1995, numeral 1.3
The disability that originates in treatments for aesthetic purposes or its complications and those contemplated in the exclusions of the POS is not recognized.Decree 1804 of 1999, Art. 21, Decree 047 of 2000, Paragraph, Art. 3.
Disability issued by an outpatient private professional not linked to the EPS, disability issued outside the country or disability issued by legal medicine is not recognized. The Mandatory Health Plan does not have coverage outside the National Territory. Disability issued by legal medicine does not homologate or replace incapacity for work, it is of a non-labor legal nature.Law 100 of 1993, Resolution 5261 of 1994, Article 14, Constitutional Court in judgment T388-2002 SU 480 of 1997, Decree 806 of 1998, Art.1
Disability caused by work accident or occupational disease must be recognized by the ARPLaw 100 of 1993, Art. 208. Decree 1295 of 1994 Article 2, literal c). Objectives of the General System of Professional Risks
After 180 days, the disability extension must be processed before the Pension Fund Administrator (AFP).Decree 1848 of 1969, Art. 27. Decree 1848 of 1969, Art. 60. Decree 2463 of 2001, Art. 23.
Employer application filed with the EPS with the original license certificate
ThemeMaternity licenceLegal regulation
Start date

Prepartum maternity leave:

  • It should start two weeks before your due date.
  • If for medical reasons it is not possible to enjoy the two weeks before delivery, the start date is the date of birth of the child.

Maternity leave must begin at least one week before the probable date of delivery Note: Each week corresponds to 7 calendar days
Adoption of boys and girls up to 18 years of age: Adoptive Mother: Date on which the Placement Act is issued by the ICBF
Adoptive parent without spouse or permanent partner: Date on which the ICFB Resolution is issued where parental authority is granted

Law 1468 / June 30, 2011. Substantive Labor Code, Art. 237. C-543 of June 30, 2010
MembershipThe contributing worker must be affiliated on the start date of the leave by the company making the request.Decree 806 of 1998, Art. 8. Paragraph. Art. 74, 75, 76, 80. Decree 1804 of 1999, Art. 21, Numeral 2. Decree 047 of 2000, Art. 3, numeral 1. Decree 783 of 2000, Art. 9
BeneficiariesNon-pensioned contributing memberExternal Circular No. 011 of 1995, Numeral 1.4
Validity to request economic recognition(3) years from the license start dateLaw 1438 of January 19, 2011 - Reform of the SGSSS, Art. 28
Number of days 98 days term delivery
112 days Multiple birth
98 days plus the days until completing 40 weeks of gestation in premature labor
Up to 28 days for nonviable delivery according to medical history.
Law 1468 of June 30, 2011
Minimum trading periodsThe contributing worker must have contributed continuously throughout the current gestation period.Decree 047 of 2000, Art. 3
Contributions during the period of the licenseThe contributing worker must have a contribution during all the days of the leave.Decree 1406 of 1999, Article 40, Paragraph 1. Decree 1804 of 1999, Art. 21, Number 2
Payment of the economic benefitPayment will be made directly by the employer to the dependent contributing member, with the same periodicity as their payroll External Circular No. 011 of 1995, Numeral 1.4
Non-compliance with legal requirementsThey will be borne by the employer or independent worker in the events in which the reimbursement of the same by the EPS does not proceed.Decree 806 of 1998, art. 8 and Decree 1804 of 1999, Art. 21.
NOTE: In the event of the mother's death before the end of the maternity leave, the employer of the child's father will grant him a leave of duration equivalent to the time remaining to the expiration of the period of leave after the birth.
This is enshrined as an employer benefit, that is, paid by the employer, who must take the father's leave. For the moment, and as long as there is no legal concept (by governing bodies), doctrine or jurisprudence in this regard, the EPS will refrain from recognizing this economic benefit. Law 1468 of June 30, 2011
Employer application filed with the EPS with the original certificate of paternity leave
The philosophy of paternity leave is to share its first days with the newborn, so this must be requested with the presentation of the newborn's civil registry in the first thirty (30) days. Law 1468 of 2011 - Law 755 of 2002
ThemePaternity leaveLegal regulation
Start date

Child's date of birth

Adoption: In the case of adoption of boys and girls up to 18 years of age, the date of placement or delivery of the minor
Law 755 of 2002. C-543 of June 30, 2010.
MembershipThe contributing worker must be affiliated on the start date of the leave by the company making the request.Decree 806 of 1998, Art. 8. Paragraph. Art. 74, 75, 76, 80. Decree 1804 of 1999, Art. 21, Numeral 2. Decree 047 of 2000, Art. 3, numeral 1. Decree 783 of 2000, Art. 9
BeneficiariesIt is recognized for children born to the spouse or permanent partner and in the case of adoption of boys and girls up to 18 years of age.
Law 755 of 2002.
C-543 of June 30, 2010.
Validity to request economic recognition30 business days from the date of birth of the child or date of placement or delivery of the minorLaw 755 of 2002.
Number of days 8 business days from Monday to FridayJudgment C-174 of March 18, 2009
Contributions during the period of the licenseThe contributing worker must have a contribution during all the days of the leaveDecree 1406 of 1999, Article 40, Paragraph 1. Decree 1804 of 1999, Art. 21, Number 2
Minimum trading periods36 weeks immediately prior to the start dateC-633 of 2009
Payment of the economic benefitPayment will be made directly by the employer to the dependent contributing member, with the same periodicity as their payroll External Circular No. 011 of 1995, Numeral 1.4
Non-compliance with legal requirementsThey will be borne by the employer or independent worker in the events in which the reimbursement of the same by the EPS does not proceed.Decree 806 of 1998, art. 8 and Decree 1804 of 1999, Art. 21.
Note: Paternity leave is incompatible with domestic calamity leave and if the latter has been requested for the birth of the child, these days will be deducted from paid paternity leave.

Headquarters Valle del Cauca and Cauca

Point of attentionAddressDays of careSchedule
Comfenalco HeadquartersCarrera 8 # 6 - 27Monday to Friday7:30 am to 12:00 noon
1:45 pm to 6:00 pm
BugaCalle 7 No. 11-27Monday to Friday7:30 am to 12:00 noon
1:45 pm to 6:00 pm
Santander de QuilichaoRace 8 A No. 2 - 46Monday to Friday7:30 a.m. to 12:00 p.m.
1:45 pm to 6:00 pm
Saturday8:00 am to 12:00 pm
PalmiraCalle 27 No. 29 - 84Monday to Friday7:30 a.m. to 12:00 p.m.
2:00 pm to 6:00 pm
CarthageCalle 8 No. 4 - 102Monday to Friday7:30 am to 12:00 noon
1:45 pm to 6:00 pm
PopayanAvenida Panamericana No. 6N -11Monday to Friday 7:30 am to 12:00 noon
1:45 pm to 6:00 pm
BuenaventuraStreet 2 No. 2A - 73Monday to Friday7:30 am to 12:00 noon
1:45 pm to 6:00 pm 

ACT. 26072014

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