El Salvador employers’ legal obligation to guarantee early childhood care services

El Salvador’s legal framework requires that employers with more than 100 employees provide workers with access to childcare and early childhood services for children under the age of four. However, many employers have yet to implement concrete measures to comply with the law.

Article 42 of El Salvador’s constitution establishes the need for a secondary law, the Ley Crecer Juntos, to rule the obligation of all employers to install and maintain nurseries and childcare facilities for the children of their workers. While the initial legal proceedings began in 2017, the law did not go into effect until March of 2025. Despite the seven-year period leading up to the law’s entry into force, many employers have yet to meet its requirements. Employee access to workplace-based childcare and early childhood services remains inconsistent, with implementation continuing to present significant challenges.

The Fair Labor Association (FLA) and the Americas Group (AG) have been working during this process to share relevant information on compliance with childcare regulations in El Salvador. In 2018, FLA published an issue brief advising its member companies sourcing from El Salvador to prepare their suppliers to ensure adherence with the legal framework then in force. Similarly, in 2019, the AG conducted a childcare needs assessment involving approximately 600 female workers. The findings offered conclusions and recommendations that remain relevant for companies and employers seeking to align with legal standards. More recently in 2025, the AG has conducted a new survey among participating companies to measure factories preparedness for the implementation of the Ley Crecer Juntos.

In response to these concerns, the Organización de Mujeres Salvadoreñas por la Paz (Organization of Salvadoran Women for Peace or ORMUSA), has provided FLA with technical guidance to clarify employers’ specific obligations related to childcare in El Salvador. This collaboration supports FLA member companies sourcing from El Salvador by providing recommendations on how to monitor supplier compliance with these legal requirements.

In this issue brief, FLA recommends four steps companies sourcing from El Salvador should take to comply with the legal requirement.