Extensión de la licencia de maternidad a las mujeres solteras y viudas en el Ecuador.

Abstract

The purpose of this research paper is to analyze the maternity leave of single or widowed mothers in the context of the recent enactment of the Organic Law on the Right to Human Care (2023), which expressly integrates into the legal system the obligation to “… protect, safeguard, and regulate the right to care for working individuals concerning their children, direct dependents…” through the application of the principles of equality and parental co-responsibility, for both men and women in the workplace. This Law, in coherence with the Constitution of the Republic of Ecuador, seeks to ensure gender equality within the household, so that domestic tasks are carried out jointly and equitably. Specifically, it reviews the inadequate maternity leave for single and widowed mothers. Lacking support from a spouse, their personal and family situation is more complex and impacts both their care and that of their child. These cases reveal a real inequality that needs to be addressed. Without a partner, the woman lacks assistance to fully recover and care for her newborn. In this context, the principles that are violated are examined, and the necessity of initiating legislative reform in labor law is highlighted to promote equal treatment for single or widowed mothers whose maternity leave is insufficient to address their actual economic, family, social, and work situation.