On February 4, 2026, the National Assembly approved the Organic Law for Comprehensive Cancer Care, which was published in the Seventh Supplement No. 236 of the Official Gazette on March 4, 2026. The purpose of this law is to guarantee the right to health of individuals diagnosed with cancer. However, the regulation also incorporates important labor-related provisions aimed at protecting employment stability, preventing discrimination, and ensuring adequate working conditions for individuals with cancer, as well as for those performing caregiving duties.

1. Definitions (Art. 4.14 and 4.15)

• Direct substitute person
  • A direct substitute person is considered to be relatives up to the fourth degree of consanguinity and second degree of affinity, spouse, common-law partner, legal representative or attorney-in-fact, or any person responsible for the maintenance or care of an individual diagnosed with cancer when the illness creates a condition that prevents the person from independently carrying out activities necessary for their subsistence.
  • Parents or legal representatives of children or adolescents with cancer shall also be considered direct substitute persons.
  • This status may not be assigned to more than one person per individual with cancer. The application of the direct substitute person status shall be subject to the regulations issued by the labor authority.

• Caregiver
  • A caregiver is considered to be the mother, father, spouse, adult children, legal representative, or guardian authorized to care for a person diagnosed with cancer.

2. Principle of Non-Discrimination in the Workplace (Art. 5.1)

The law expressly recognizes the right to equality and non-discrimination in the workplace for individuals who have or have had a cancer diagnosis.

Consequently, any form of direct or indirect discrimination in access to employment, job retention, promotion, working conditions, or termination of employment based on a cancer diagnosis or medical history related to the disease is prohibited.

3. Enhanced Job Stability for Individuals with Cancer (Art. 5.8)

Individuals diagnosed with cancer are entitled to enhanced job stability. In order to terminate the employment relationship, the employer must:

• Reasonably and sufficiently justify that the decision is unrelated to the illness; and
• Strictly base the decision on the grounds and procedures established in current regulations.

The same treatment shall apply to substitute workers and caregivers of individuals with cancer, provided that the illness creates a condition preventing the individual from independently carrying out activities necessary for their subsistence.

4. Labor Protection for Parents or Primary Caregivers of Children and Adolescents with Cancer (Art. 32)

The law establishes special labor protection for parents or primary caregivers of children and adolescents with cancer, who shall benefit from enhanced job stability and, additionally, the following rights:

• Paid leave to accompany the minor to medical appointments, treatments, and hospitalizations;
• Flexible working hours or teleworking, where the nature of the duties allows; and
• Protection against retaliation or discriminatory acts arising from caregiving responsibilities.

5. Obligation to Issue Specific Labor Regulations (Fifth Transitional Provision)

The law provides that the labor authority must issue, within 180 days from the publication of the law in the Official Gazette, the corresponding regulations to guarantee the right to enhanced job stability for individuals diagnosed with cancer, substitute workers, and persons caring for individuals with cancer, in accordance with the legal framework.

Should you require additional information, please contact us at: laboral@bustamantefabara.com