Table Of Contents
Last updated on April 6, 2024.
Paid Time Off (PTO) in Argentina
Vacation (Annual Leave) Quota
At least 14 days (grows with the years of service).
Employees and workers in Argentina receive at least 14 calendar days (which is 10 working days) of paid vacation per year.
Workers are entitled to paid leave after serving at least six months with the same employer within a twelve-month period. Before reaching six months of employment, an employee is eligible to accumulate 1 day of annual leave for every 20 days worked.
The number of vacation days to which an employee is entitled depends on their years of service with the employer:
| Years of Service | Days of Annual Leave |
|---|---|
| Up to 5 years | 14 calendar days (10 working days) |
| Between 5 and 10 years | 21 calendar days (15 working days) |
| Between 10 and 20 years | 28 calendar days (20 working days) |
| over 20 years | 35 calendar days (25 working days) |
Workers who are between 16 and 18 years of age are also eligible for paid vacation.
Providing annual leave is mandatory, and employers are required to schedule it from October 1 to April 30. It’s the employer’s responsibility to decide the timing of annual leave.
Carry Over
The third of the vacation days may be carried over.
Through a mutual agreement, an employee has the option to transfer up to one-third of their vacation days to the following calendar year. Any remaining leave that goes over this limit will be lost at the year’s end.
Payment of Unused Vacation on Termination
Employers must pay for unused days.
Upon termination, employers are obligated to provide payment for any unused vacation time.
The law also requires that the employer pay the employee with their full monthly salary in the month in which the termination happens.
Payout
A full salary.
While on vacation leave, employees are to be paid their full salary along with any other benefits they are entitled to. To calculate annual leave pay, divide the employee’s salary by 25 and then multiply by the days of vacation they are eligible for.
Sick Leave in Argentina
At least 3 months per year.
Employees in Argentina are entitled to fully paid sick leave.
Similar to annual leave, the length of paid sick leave is based on the duration of service.
| Duration of Service | Days of Paid Sick Leave |
|---|---|
| Less than 5 years of continuous service | Up to 3 months per year |
| More than 5 years of continuous service | Up to 6 months per year |
When an employee has dependents, their sick leave is doubled (extended to 6 or 12 months).
Additionally, the employee can take unpaid sick leave for another 12 months, during which the employer must keep the job available for them.
An employee needs to give their employer a medical note if they’re sick, and they’re allowed to provide a digital version.
Payout
The employer is the one responsible for paying sick leave.
Sick Leave Related to Work
For sick leave or injuries that are work-related (occupational sickness of injury), the employer is responsible for paying the employee’s salary for the initial fifteen days. Beyond the fifteenth day, the responsibility to compensate the employee during their sick leave shifts goes to the workers’ insurance company.
Payout
“A work risk insurer,” or ART ("Aseguradoras de Riesgos del Trabajo"), is a specialized insurance provider that covers employees for injuries or illnesses directly related to their job. Employers make monthly payments into this insurance system as part of their social security obligations. If an employee becomes ill due to their work, the ART is responsible for providing them with financial support during their sick leave. This system works so that it protect workers by ensuring they are compensated without putting additional financial pressure on the employer directly.
Maternity and Paternity Leave
Maternity Leave in Argentina
90 days
A pregnant female worker has the right to 90 days of paid maternity leave, typically divided into 45 days pre-birth and 45 days post-birth. Alternatively, they may decide on 30 days pre-birth and 60 days post-birth. This leave is funded by the social security system through a family allowance.
Additionally, female employees may request extra unpaid leave ranging from three to six months.
For breastfeeding, a female worker is given two breaks per day, each lasting thirty minutes, for a year following the child’s birth. This period can be extended with a doctor’s note.
The employment of female employees is strictly protected throughout their pregnancy and up to 7.5 months following the birth. In scenarios such as the dismissal of pregnant, married, or ill employees, they are entitled to extra severance pay.
Payout
The social security system covers maternity leave, ensuring the employee is paid during this time. Additionally, the employee has the option to extend the leave and receive 25% of their salary.
Paternity Leave in Argentina
2 days
Male employees in Argentina have the right to take 2 days off with pay following the birth of their child.
Payout
An employer pays regular salary to an employee on paternity leave. During this period, the employee will receive their full salary.
Parental Leave in Argentina
In Argentina, parental leave is not provided for by law.
Bereavement Leave in Argentina
3 days
Employees in Argentina are entitled to bereavement leave:
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3 days of leave for the loss of a family member, including a spouse, child, or parent;
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1 day of leave for the passing of a sibling.
Jury Duty Leave in Argentina
Employers are required to provide paid or unpaid leave for jury and court obligations.
An employee required to testify in court must be given paid leave.
On the other side, those elected to serve on a representative body are entitled to unpaid leave.
Both types of leave are counted as working time when considering an employee’s length of service.
Military Leave in Argentina
Paid leave required.
An employee called up for mandatory military service is entitled to paid leave from the start of their summons until 30 days after completing their service.
Payout
An employer is required to pay this leave initially, but they have the option to seek reimbursement for these payments from governmental authorities.
Voting Leave in Argentina
Voting leave is not specified by law.
Public Holidays in Argentina for 2024
Employers are required to observe official public holidays, and employees who work on holidays must receive double wages.
| Date | Holiday |
|---|---|
| January 1 | New Year |
| February 12 & 13 | Carnival (Monday and Tuesday before Ash Wednesday) |
| March 24 | Truth and Justice Memorial Day |
| March 29 | Good Friday |
| April 2 | Malvinas Day (Veterans Day) |
| May 1 | International Worker’s Day |
| May 25 | May Day Revolution (Bridge Day) |
| Jun 17 | Martín Miguel de Güemes’ Day |
| Jun 20 | Flag Day |
| Jul 9 | Independence Day |
| August 19 | San Martin’s Day (Third Monday in August) |
| October 14 | Day of Respect for Cultural Diversity |
| November 18 | National Sovereignty Day |
| December 8 | Immaculate Conception |
| December 25 | Christmas |
When a holiday occurs at the end of the week, it is shifted to the next Monday.
Sources
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Local Laws & Regulations, https://www.atlashxm.com/en/countries/argentina
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Payroll and Benefits Guide Argentina, https://www.papayaglobal.com/countrypedia/country/argentina/
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Definitive Guide to Hiring in Argentina, https://www.globalexpansion.com/countrypedia/argentina
Check out our Leave Laws page to learn more about laws in various countries.
All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.
