CHILE Law and Practice Contributed by: Constanza Contreras, Gabriela Muñoz and Juan Francisco Reyes, SCR Abogados
Bereavement leaves In the event of the death of an employee’s child, the employee shall be entitled to ten calendar days of paid leave. On the death of an employee’s spouse or civil partner, the employee shall be entitled to seven calendar days of paid leave. In the event of the death of a child during gestation, the employee shall be entitled to seven business days of paid leave. On the death of the employee’s father, mother or siblings, the employee shall be entitled to three business days of paid leave. Health-related leaves Where an employee’s child under one year of age suf - fers from a medical condition, the employee shall be entitled to paid leave for a duration deemed medi - cally necessary, as determined by a physician, with payment covered by the employee’s health insurance. Employees shall be entitled to paid leave equivalent to ten ordinary working days per calendar year, to be utilised in the following circumstances, with the obli - gation to compensate for the time off at a later date without additional remuneration. • In the event of a serious accident, or acute and life-threatening illness affecting a child who is older than one year and younger than 18 years of age. • Where the employee’s spouse, civil partner, father or mother is suffering from a serious or terminal illness. • Where the employee provides personal care to: (a) a minor with a disability registered in the National Register of Disabilities or under six years of age; or (b) an adult over the age of 18 who has an intel - lectual disability, mental illness or a combina - tion thereof, and who is highly dependent on the employee. Employees are further entitled to the following paid (subsidised) leaves. • Up to 15 days to care for a child with a serious medical condition requiring hospitalisation. • Up to 180 days per calendar year to care for a child diagnosed with cancer. In the subsequent year, the maximum leave period shall be up to 90 days.
Additionally, employees who have accumulated ten or more years of service – whether with a single employer or across multiple employers – are entitled to one extra vacation day for every additional three years of service beyond the initial ten. For the pur - pose of determining extra vacation days, only up to ten years of service with previous employers shall be considered. Other Statutory Special Leave Other statutory special leaves include the following. Sick leave Sick leave must be supported by a medical certificate and promptly communicated to the employer. During such leave, the employee’s wage is covered by their corresponding health insurance provider, subject to a statutory monthly cap. In cases of ordinary (non- occupational) illness, there is no annual limit on the number of sick leave days an employee may take. Parental and family leaves Employees who give birth are entitled to fully paid maternity leave funded by their health insurance for a period of six weeks preceding the birth (prenatal leave) and 12 weeks following the birth (postnatal leave). Upon the conclusion of postnatal leave, employees may opt for an additional paid parental leave period of either 12 weeks or 18 weeks, contingent, in the latter case, on a return to work on a part-time basis (half-day schedule). Employees whose spouse or significant other gives birth shall be entitled to five calendar days of paid paternity leave in the event of the birth or adoption of a child. Employees are further entitled to five consecutive working days of paid leave on the occasion of their marriage or entry into a civil union. Employees who are breastfeeding or otherwise caring for children under two years of age are entitled to a minimum of one hour of paid leave per working day for such purposes.
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