Last updated on November 1, 2024.

Paid Time Off (PTO) in Chile

Vacation Quota (Annual Leave)

15 days

Employees in Chile receive 15 days of fully paid vacation each year, according to Chile’s leave laws. To be qualified for vacation leave, an employee must have one year of employment. After clocking a decade of service, whether consecutive in one company or spread across different employers, employees are granted one additional day of vacation for each subsequent three years of service. Vacation leave is referred to as un feriado anual in Chile’s leave laws.

20 Days of Vacation in Certain Regions

Extended vacation leave of 20 days is mandatory for employees working in Chile’s 11th and 12th Regions or the Palena province. This is:

• Región de Aysén (Undécima Región de Aysén del General Carlos Ibáñez del Campo)
• Región de Magallanes (Duodécima Región de Magallanes y de la Antártica Chilena)
• The province of Palena (Provincia de Palena)

Taking a Vacation

An employer typically grants vacation leave in spring or summer. This can be changed by agreement with the employer. Chile’s leave laws state that employees must take 15 days of vacation in a single stretch. However, if the employee takes more than 10 vacation days, it can be divided by mutual agreement. This right is not subject to any condition.

Carry Over

Allowed, for up to 2 years.

Employees in Chile are allowed to carry over unused vacation days from one working year to the next. Employees may not accumulate vacation days for more than two consecutive periods. Chile’s leave laws state that an employee can have a maximum of two cumulative periods. Before completing the third year, the vacation days corresponding to the first period must be taken.

Rules for Employees Working Less than a Full Year

Accrual rate: 1,25 day per month.

To calculate vacation days for employees with under a year of work, an employer should use a proportional method. An employer should multiply the months worked by the monthly vacation entitlement. Regular employees accumulate a ratio of 1.25 days per month of work.

Example 1: An employee has worked for 7 months, they would accumulate 8.75 days of vacation.

7 months * 1.25 = 8.75 (=> 9 days)

Example 2: An employee has worked for 8 months and 24 days, they would accumulate 11 days of vacation.

8 months * 1.25 + 24/30 * 1.25 = 11 days.

Payment of Unused Vacation on Termination

Must be paid out.

Payment of all unused vacation days on termination of employment is mandatory.

If an employee leaves the company (due to any circumstances) after meeting vacation conditions, the employer must compensate them for all accumulated but unused vacation time.

Employees who depart before finishing a full year of employment must receive compensation proportional to the time worked (as explained in the subchapter above), calculated based on their regular pay.

Other Types of Leave in Chile

Besides vacation leave, employees in Chile are eligible for:

• Sick Leave
• Maternity or Paternity Leave
• Adoption Leave
• Bereavement Leave
• Marriage Leave

Sick Leave in Chile

Sick leave is paid at 100% of salary.

In Chile, employees qualify for paid sick leave if they:

1. Have at least six months of social security contributions.
2. Have at least three of those months within the last six months.

Payout Qualified employees will get 100% of their salary. It’s paid retroactively, based on the length of their sick leave:

• Leave is paid from the first day if the absence is 11 days or more.
• Leave is paid starting from the 4th day if the absence is shorter than 11 days.

Chile’s Ministry of Labor and Social Security pays sick leave benefits.

Maternity and Paternity Leave

Maternity Leave in Chile

18 weeks (fully paid by Social Security).

In Chile, employers must give pregnant women 18 weeks of fully paid maternity leave (126 calendar days).

Maternity leave is broken into 2 parts:

Prenatal: 6 weeks (42 days) - before the estimated date of delivery;

Postnatal: 12 weeks (84 days) - after birth of a child.

When a child is born early—before reaching the 33rd week of pregnancy or weighing less than 1,500 grams at birth—postnatal leave is 18 weeks (126 days). If a mother gives birth to twins or more, she receives an additional seven days of maternity leave for each child, starting with the second baby.

Additional Information:

• An employee on maternity leave cannot be fired from their job, nor for one year after the end of their leave.
• If the mother passes away, the father, or whoever gained custody and is responsible for the child’s care, can take advantage of the parental postnatal leave and benefits.

Payout of Maternity Leave

Maternity leave is paid by Social Security of Chile, not the employer. Maternity pay is called un subsidio por incapacidad laboral (a disability benefit) or SIL, and an employee continues to receive a full salary (100%) while on maternity leave.

Eligibility for Maternity Pay

To qualify for maternity leave benefits in Chile, dependent workers must meet the following conditions:

• Must have a medical certificate issued by a recognized healthcare provider (Fonasa or Isapre).
• Must have been employed for at least 6 months before starting maternity leave.
• Must have made contributions to social security for at least 90 days (three months) within the six months preceding the start of the maternity leave.
• For daily, shift, or day workers, this requirement may be decreased to 30 days (one month) of continuous or discontinuous contributions within 180 days before leave.
• Must have an active employment contract.

Paternity Leave in Chile

5 days

An employee who becomes a father of a newborn or adopts a child is entitled to 5 days of fully paid paternity leave. This leave is to be taken during the first month after childbirth. Employees can use these five days as they desire: all at once or in parts. Paternity leave is available for all employees with fixed or indefinite employment contracts, no matter how long they work at the employer.

Parental Leave in Chile

Maternity leave can be shared among parents.

If both parents are employed, they can share part or all of the postnatal leave.

Starting from the seventh week of maternity leave, the mother can choose to transfer some or all of her remaining time of maternity leave to the father, as the parents decide. The father’s leave must occur at the end of the mother’s leave period and follow the same conditions she selected.

Adoption Leave in Chile

12 weeks

An employee who adopts a child under six months old is entitled to 12 full weeks of paid adoption leave. (This leave is the same duration as postnatal leave for biological birth parents.)

Bereavement Leave in Chile

3, 7, or 10 days (depending on a relationship)

Employees in Chile are entitled to paid bereavement leave, and its duration depends on their relationship with the deceased. This applies to all employees and workers on a fixed-term or indefinite contract, regardless of how long they have been working at the employer.

Bereavement leave is:

• Ten continuous calendar days of leave upon the death of a child.
• Seven continuous calendar days of leave upon the death of a spouse, civil partner, or child during gestation. Additionally, they are protected from termination for one month following the death, unless authorized by a labor court.
• Four business days of leave upon the death of a parent, brother, or sister. However, this leave does not include job protection as for the abovementioned 7-day leave.

Bereavement leave is sometimes referred to as compassionate leave in certain countries.

Jury Duty Leave in Chile

Jury duty leave is not defined by Chile’s leave laws.

Military Leave in Chile

Military leave is not defined by Chile leave laws.

Voting Leave in Chile

Voting leave is not defined by Chile leave laws.

Marriage Leave in Chile

5 days

All employees who get married or join a civil union agreement in Chile are entitled to five continuous business days of marriage leave. An employee must notify their employer 30 days in advance and submit within 30 days after the wedding a marriage certificate or civil union agreement.

Public Holidays in Chile for 2024

Sources of Chile Leave Laws

Sources in Spanish

1. Legal holidays in Chile: What are they and how are they calculated? (in Spanish), https://www.geovictoria.com/es-cl/blog/recursos-humanos/vacaciones-legales-chile/

2. Maternity Leave - Permiso de Pre y Postnatal (in Spanish), https://www.reddeproteccion.cl/fichas/permiso_de_pre_y_postnatal

3. Maternity Leave - Licencia maternal en Chile, subsidios y más (in Spanish), https://rexmas.com/blog/licencia-maternal-en-chile-subsidios-y-mas/

4. Bereavement Leave - Codigo del trabajo, articulo 66 (in Spanish), https://www.dt.gob.cl/legislacion/1624/w3-propertyvalue-145760.html

5. Permiso laboral por nacimiento, matrimonio, unión civil o duelo (in Spanish), https://www.bcn.cl/portal/leyfacil/recurso/permiso-laboral-por-nacimiento

6. Adoption Leave (in Spanish), https://www.dt.gob.cl/portal/1628/w3-article-99758.html

Sources in English

1. Local Laws & Regulations of Chile, https://www.atlashxm.com/countries/chile
2. Definitive Guide to Hiring in Chile, https://www.globalexpansion.com/countrypedia/chile
3. Chile: Payroll and Benefits Guide, https://www.papayaglobal.com/countrypedia/country/chile/

Check out our Leave Laws page to learn more about laws in various countries.