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Chile Leave Laws

laws

Holidays

      • 1st January – New Year’s Day
      • 2nd April – Good Friday
      • 3rd April – Easter Saturday
      • 1st May – Labour Day
      • 21st May – Navy Day
      • 28th June – Feast of St. Peter and St. Paul
      • 16th July – Our Lady of Mount Carmel
      • 15th August – Assumption Day
      • 18th September – Independence Day
      • 19th September – Army Day
      • 11th October – Day of the Race
      • 31st October – Reformation Day
      • 1st November – All Saints’ Day
      • 8th December – Immaculate Conception
      • 25th December – Christmas Day

PTO

  • Vacation/Annual Paid Leave

Employees who have worked for more than one year have the right to an annual paid vacation of 15 working days. After working ten years, continuously or not, for the same or different employers, vacations are extended by one working day for every three years of service. In the case of employees who work in the 11th and 12th Regions of the country and the province of Palena, the basic vacation period is 20 days.

  • Use-it-or-lose-it policy 

Vacation time can be accrued for up to 2 consecutive years. An employer whose employee has accumulated 2 consecutive years of holidays, must grant at least half of the holiday before completing the year that entitled the employee to a new period.

  • PTO payout at the termination

If the employee, having the necessary requirements to make use of the holiday, exits the company due to any circumstance, the employer must compensate him for the time that he would have been entitled to as a holiday.

The employee whose contract ends before completing the year of service that entitles a holiday will receive compensation for that benefit, equivalent to the full remuneration calculated in proportion to the time that elapses between his hiring or the date he found out the last annuity and the term of their functions.

Maternity Leave, Parental Leave, and Paternity Leave

Maternity Leave

Female employees will be entitled to a maternity break of 6 weeks before delivery and 12 weeks after delivery. If the birth occurs after six weeks after the date on which the woman had begun the maternity leave, the Prenatal rest will be extended until the delivery. When delivery occurs before the thirty-third week of gestation, or if the child at birth weighs less than 1,500 grams, the postnatal rest will be 18 weeks.

If as a consequence of the delivery there is a disease proven with a certificate, which prevents returning to work for a period longer than postnatal rest, the duration may be extended. In the case of deliveries of two or more children, the postnatal rest period shall be increased by 7 consecutive days for each child born after the second.

Parental Leave

If both parents are employees, either of them, at the mother’s choice, may enjoy the parental postnatal leave, from the 7th week, for the number of weeks that the mother indicates. If the mother died in childbirth or during the period of leave after it, said leave or the rest of it that is given to the mother of the child will be granted to the father or to whom it is granted custody of the minor.

Paternity Leave

Fathers are entitled to five days of paid leave, which should be taken within the first month following the birth. The five days may be taken in whatever way the employee deems appropriate, either continuously or as separate days.

Sick Leave

Medically certified illness or injury generates to pay for sick leave from the fourth day of absence onwards. If an employee is absent for more than ten days, they are entitled to sick pay from the first day of absence.

Jury Duty Leave and Voting Leave (Leave due to Public Interest)

Not specified by law.

Bereavement Leave

In the event of the death of a child, spouse, or civil partner, every employee shall be entitled to 7 calendar days of paid leave, in addition to the legal vacations to which the employee is entitled. In this case, the employee shall also be entitled to labor protection or immunity for one month, as from the date of death, thus entailing that said employee cannot be fired unless a labor court has previously authorized such dismissal.

This permit shall amount to three business days in the event of death of a child during pregnancy, as well as in the event of death of the employee’s father or mother, albeit without granting the benefit of labor privilege or immunity.

Military Leave

Not specified by law.

 

Please consult your local legal counsel to learn more about Chile Leave Laws.

 

To learn more about laws in various countries, check out our Leave Laws page.

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    All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.