THE PRESIDENT OF THE REPUBLIC
Yes, by law no. 1417, the statutory decree promoting the inclusion of persons with disabilities, Articles 1, 2 and 3 of Act no. 30119, the Law granting the right to leave to a public service worker and a private person for medical assistance and rehabilitation therapy for persons with disabilities, in order to promote and strengthen the inclusion of persons with disabilities under the same conditions;
For the purposes of Articles 1 and 2 of the said Law, the right to a license is granted to the benefit of father, mother, guardian or aid to a person with a disability requiring medical assistance or rehabilitation therapy up to fifty-six (56) consecutive or alternate hours a year ; stating that in the case of additional hours required, the licenses shall be compensated for overtime work, after agreement with the employer;
Yes, according to the new provision of Article 3 of the law in question, a worker who intends to obtain a permit must, among other documents, in the case of elderly persons with specific support, file a decision or public piece to determine or modify the subsidy, National Identification Document (DNI) disability or decision on registration issued by the National Council for the Integration of Persons with Disabilities (CONADIS);
That is, the second supplementary provision of the aforementioned legislative decree no. 1417 establishes that the Ministry of Labor and Employment adapts the Decree of the Law no. 30119, Law granting the right to allow public and private workers to provide medical assistance and rehabilitation therapy for persons with disabilities, approved by the Supreme Administrative Instruction no. 013-2017-TR;
In that sense, it is necessary to adopt a rule that modifies the said decree on the new provisions of Law no. 30119, the Law granting the right to leave to a public and private worker for medical aid and rehabilitation therapy. person with disability;
In accordance with the provisions of Article 8 of Article 118 of the Political Constitution of Peru; No. 1 Article 6 of Law no. 29158, Organic Law of the Executive Authorities, and its Amendments; number 5.2. Article 5 of Law no. 29381, Law on Organization and Functioning of the Ministry of Labor and Employment and its Amendments; and Law no. 30119, the Law granting the right to leave the public and private workers for medical care and rehabilitation therapy for persons with disabilities and its amendments;
Article 1 – Subject
The purpose of this supreme decree is to amend the Ordinance of Act no. 30119 of the Law granting the right to leave the public and private workers for medical care and rehabilitation therapy for persons with disabilities, approved by the Supreme Order no. 013-2017-TR, adapting it to the amendments to the said Act by Legislative Decree no. 1417th
Article 2 – Amendments to Articles
Insert Number 4 into Subsection 2.1 of Article 2 and add 3 Subpart 2.1 and Subparagraph 2.2. Article 2 Article 3 paragraph 4 of Article 4 and Article 5 of Regulation No. 30119, Law granting the right to leave a public and private worker for medical care and rehabilitation therapy for persons with disabilities, approved by the Supreme Administrative Instruction no. 013-2017-TR, which is composed as follows:
"Article 2 – Definitions
2.1 For the purpose of applying the Act and this supreme decree, the following definitions shall be taken into account:
1. Medical assistance: includes prevention, treatment, and recovery measures related to health care and the welfare of a person.
2. An elderly person with a disability in dependence: is a person whose disability is confirmed as moderate and / or severe under point 5.5 of NTS no. 127-MINSA / 2016 / DGIESP "Technical Health Standards for Assessment, Training and Certification of Persons with Disabilities" has been approved by Ministerial Resolution No. 981-2016-MINSA of the Ministry of Health, or the rule replacing it.
3. Rehabilitation Therapy: A set of measures involving patient care, including specialized techniques and treatments aimed at recovering or enhancing the functionality of organs, systems or devices that are changing due to illness that prevents sickness.
4. Support: Is a worker designated as a notary or a judge, in accordance with the Civil Code, as an aid to a person of an adult with a disability and whose medical-related skills are in need of rehabilitation therapy.
2.2. Custody and support institutions are governed by the provisions of the Civil Code and the rules of the subject. Likewise, the provisions of Act no. 29973, General Law on Persons with Disabilities, as well as amendments, replacements and supplementary rules.
Article 3 – Scope of application
The provisions of the Act and these Regulations apply to employees of public and private activities, irrespective of their employment regime, which are in any of the following situations:
1. Have children with developmental difficulties;
2. have custody of a minor with disabilities; or,
3. They are defined as support for the elderly with disabilities in dependence.
Article 4 – Rules for its Provision
Granting the license prescribed by the Law is governed by the following rules:
4.1 The hours worked by an employer correspond to the number of hours used for medical assistance and / or rehabilitation therapy during a regular working day.
The license is granted to any underage child with disabilities, for every person with a disability under guardianship or for each label as an assistance to an elderly person with a disability, in need of medical assistance or rehabilitation therapy.
Article 5 – Processing of the License
The following rules must be observed for processing the employer's license:
5.1. The worker must file a complaint stating the reasons, days and hours in which he or she wishes to use the time of leave. The application must be accompanied by appropriate documentation, in accordance with the provisions of Article 3 of the Law and these regulations.
In case additional working hours are required, its approval and compensation overtime shall be subject to an agreement between the parties.
By an employer's decision, a collective agreement or any other source, a period of less than seven (7) calendar days may be foreseen in the Law.
5.2. The mentor status, as stipulated in point c) of Article 3 of the Act, is accredited in accordance with the provisions of the Civil Code and the Supplementary Regulations.
5.3. The certificate or certificate of care referred to in Article 3, last paragraph of this Act, must be issued by a doctor, a qualified medical technician or a specialist. / qualified / competent.
A certificate or certificate of care has been issued in accordance with the format approved in the First Supplementary Supplementary Provisions. However, it is possible to use forms established by a health institution, whether public or private, provided that at least the information provided in the format approved by this standard is included.
5.4 The employee in the request shall state the adult person with disabilities in the state of affiliation for which he / she is designated as an aid under the Civil Code and other applicable regulations. This application must be accompanied by the documentation referred to in point d) of Article 3 of the Act. "
Article 3 – Announcement
Publish this supreme decree on the Institutional Portal of the Ministry of Labor and Employment (www.gob.pe/mtpe) on the same day of publication in the Official El Peruano.
Article 4 – Confirmation
This supreme decree is confirmed by the President of the Council of Ministers, the Minister for Women and Endangered Populations, and the Minister of Labor and Employment.
Only. Facilities for Disabled People
The employer has the authority to routing authorized to provide workers whose appointment of persons with disabilities is dependent, notary or judicial, ongoing, between the following, the following:
a) Tolerance at the entrance to the workplace. Unpaid time will be reimbursed by agreement between the parties; In the absence of an agreement, the employer decides.
b) Permits to be reimbursed in the manner and in the manner agreed upon by the parties. In the absence of an agreement, the employer decides.
c) Approval of expired or foreseen vacations.
d) Modification of schedule, shifts and working hours.
e) Redistribution of functions.
In the case of a public sector, if facilities are approved, they must comply with the relevant regulations on the matter
Individually. – Cancellation
Section 4.3. Article 4 and Article 6 of the Ordinance of Law no. 30119, the Law granting the right to leave the public and private workers for medical care and rehabilitation therapy for persons with disabilities, has been approved by Supreme Decree no. 013-2017-TR.
Done at the Government House, in Lime, on the twenty-eighth day of June, two thousand and nineteen years.
MARTIN ALBERTO VIZCARRA CORNEJO
President of the Republic
SALVADOR OF SOLAR LABARTHE
President of the Council of Ministers
GLORY MONTENEGRO FIGUEROA
Minister for Women and Endangered Populations
SYLVIA E. CÁCERES PIZARRO
Minister of Labor and Employment