How long is parental leave in Chile?

In Chile, after maternity leave concludes, mother employees are entitled to postpartum parental leave. They have the option to take either:

• 12 weeks (84 days) of full-time leave at full pay.
• 18 weeks (126 days) of part-time leave at half pay.

Mother employees can transfer part of their parental leave to the father. If the mother opts for full-time parental leave, up to 6 weeks can be transferred to the father, who must then follow the same full-time regime. For part-time parental leave of 18 weeks, up to 12 weeks can be transferred to the father, and the transferred period must occur at the end of the parental leave period.

Additionally, employees (mother, father, or with legal custody) facing health issues with their child due to a severe accident, life-threatening illness, or disability are entitled to 10 working days of parental leave per year. This leave can be taken in full or partially, according to the employee's preference.

What is the process for applying for paternity leave in Chile?

Employees in Chile must notify their employer and provide the baby's birth certificate to apply for paternity leave.

How long is maternity leave in Chile?

In Chile, women workers are legally entitled to maternity leave that includes:

• 6 weeks of prenatal rest.
• 12 weeks of postnatal rest during pregnancy.

Additional conditions apply under specific circumstances:

• If labor occurs before the beginning of the 33rd week of gestation or if the newborn weighs less than 1,500 grams, the postnatal rest is extended to 18 weeks.
• If the birth involves two or more children, the postnatal rest is increased by 7 consecutive days for each child after the second. When both situations occur simultaneously, the longest duration applies.

Furthermore, once maternity leave ends, women workers are entitled to Postnatal Parental Leave, which can be:

• 12 weeks if taken full-time.
• 18 weeks if taken part-time.

How is maternity leave payment calculated in Chile?

Salary for maternity leave days in Chile is paid by the Health System. This payment is subject to a legal cap.

What is the process for applying for maternity leave in Chile?

To apply for maternity leave in Chile, an employee must follow these steps:

• Inform Management or HR: Once aware of her pregnancy, the employee must notify her manager or HR representative and provide a doctor's note certifying the pregnancy.

• Medical Leave Form Submission: The employee's doctor must submit the appropriate Medical Leave Form, in compliance with Supreme Decree No. 3 of 1984, from the Ministry of Health. This certificate verifies that the pregnancy and the birth have reached the period necessary to qualify for maternity leave.

• Postnatal Parental Leave Notification: For postnatal parental leave, the employee must communicate to her company how she plans to utilize this leave. This notification must be sent via registered letter, according to article 197 bis of the Labor Code, and in line with any related administrative provisions and instructions.

The procedures for pre-natal and post-natal maternity leave in Chile align with those for sick leave, employing the same forms, processes, and timelines.

How long is the paternity leave in Chile?

In Chile, fathers are entitled to 5 days of paid paternity leave upon the birth of a child. This leave can be used at their discretion from the moment of birth. Fathers have the option to take these 5 days continuously, excluding the weekly rest period, or distribute them within the first month after the child's birth. Additionally, the same paternity leave is granted to fathers who are in the process of adopting a child. In these cases, the leave begins from the date of the notification of the decision granting personal care or fostering the adoption of the child.