Unpaid leaves impact the employment contract, social benefits and social security of workers in Colombia.
Unpaid leave He is a laboring figurewhich usually generates doubts among workers, especially when the payment of the December 2025 service premium approaches. Although during this period no salary is receivedColombian law clearly defines how the employment contract, social benefits and social security.
What is unpaid leave?
An unpaid leave is a permit that the employer grants to the worker to absent from duties for a certain period of time without receiving salary. It is not mandatory by law, since it is granted by agreement between the parties, given that during that period the worker does not provide the service.
In legal terms, the employment contract is not terminated, but it is temporarily suspended, as established in the section 4 of article 51 of the Substantive Labor Code.
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Suspension of the employment contract
When unpaid leave is granted, two main obligations are suspended:
That of the worker to provide the service.
That of the employer to pay the salary.
However, this suspension does not break the legal bond. The Supreme Court of Justice, in the ruling 39078 of November 23, 2010specified that the other contractual obligations remain in force, such as the exclusivity or confidentiality clauses.
Social security contributions during leave
Although the worker does not receive a salary, the employer must continue to carry out the contributions to the Comprehensive Social Security System in the legal proportion:
Health: 4% paid by the worker and 8.5% paid by the employer.
Pension: 4% paid by the worker and 12% paid by the employer.
This means that, even without salary, Health and pension contributions are not suspended during unpaid leave.
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Impact on social benefits
When the contract is suspended, unpaid leaves do affect social benefits. According to the article 53 of the Substantive Labor Codeonly the time actually worked is taken into account.
Severance payments and interest: They are settled by deducting the days of unpaid leave.
Vacation: They are generally not affected.
Service premium: is reduced proportionally.
How does unpaid leave affect the service premium?
The service premium is equivalent to 15 days of salary per semester worked and is paid in June and December. Its formula is:
(Salary × days worked in the semester) ÷ 360
Days of unpaid leave They are not counted as time workedso they reduce the final value of the premium.
Practical example:
If a worker earns $2,000,000 and take 30 days of unpaid leave:
Days worked: 150
Calculation: (2,000,000 × 150) ÷ 360 = $833,333
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Types of unpaid leave
Temporary licenses: one or several days.
Extended licenses: They can last weeks or months and require justification and express approval.
Procedure for requesting unpaid leave
Submit a formal request indicating reason and duration.
Wait for the employer approval.
leave the written conditions to avoid confusion.
In this way, the unpaid leave does impact the December 2025 premiumsince days without pay are not included in the calculation. Although the right is not lost, the value is reduced proportionally. Before applying, it is key to evaluate the financial impact and maintain clear communication with the employer to protect financial stability.
