Leave Policy in Chile

Public holidays (2024)

The number of public holidays in Chile is 15 as follows:

Types of leave in Chile

Sick leave

Sick leave in Chile is unpaid and is subject to provisions different from annual leave provisions. The period an employee is entitled to as sick leave is determined by a medical practitioner. Only seven cases make an employee eligible for a sick or medical leave including

• Common illness or accident
• Preventive medicine purposes
• Pre and postnatal diseases
• Serious illness of a child under one-year-old
• Work or commuting accident
• Job-related injury or disease
• Pregnancy-related diseases

The sick leave in Chile may not be generous enough as in many jurisdictions. Being unpaid and decided only by a medical practitioner makes sick leave unattractive to high-skilled workers whose work is, generally, stressful.

As an international employer, stepping in to provide a more generous sick leave in Chile goes a long way, and ultimately, makes your workforce happier. Partnering with Skuad, an established employer of record (EOR), not only helps you develop an attractive sick leave benefit for your employees and independent contractors in Chile but also to do so quickly, compliantly, and cost-effectively.

Maternity leave

Maternity leave in Chile provides flexible options to mothers and fathers who are new parents including

• 24 weeks of paid leave is provided at 73.2% of regular weekly or monthly pay, 12 weeks of which before childbirth and 12 weeks afterward
• 12 weeks of paid leave is provided at 100% of regular weekly or monthly pay followed by 18 weeks of part-time work and a paid leave at a 50% rate
• 12 weeks of paid leave is provided at 73.2% of regular weekly or monthly payment. The remaining weeks, 12, can be divided into six weeks between a mother-employee and her parents at 73.2% of regular weekly or monthly payments. In case a mother-employee wants to transfer maternity leave weeks to a child's father, only 12 weeks of part-time work (at a 50% rate of regular weekly or monthly pay) can be so transferred.

Paternity leave

Paternity leave in Chile comes in different forms and with different entitlements as follows:

• Childbirth and adoption - According to Article 195 of the Labor Code, a parent who has a newborn or an adopted child is entitled to five days of paid leave.
• Multiple births - According to Article 195 of the Labor Code, a parent who has a newborn or an adopted child is entitled to five days of paid leave — regardless of how many children are born or adopted.

Eligible parents can use paternity leaves only continuously, either right after or within one month of childbirth.

Paternity leave is a basic statutory right. That means, when an employee applies for paternity leave, their employer cannot reject their request but can only ask for relevant certificates or documentation.

Child care leave

The child care leave in Chile entitles working parents or caregivers to up to 30 days of paid leave at an amount determined by Las Instituciones de Salud Previsional (ISAPRES) if insured, and if not, by El Fondo Nacional de Salud (FONASA), Chile's national healthcare system. To be eligible for child care leave benefits, parents should have a child who:

• Is experiencing a serious health condition as defined under Article 7 of Law No. 21,063
• Has cancer and receives treatments for pain relief and palliative care for advanced cancer (as of February 1st, 2018)
• Is undergoing solid organ transplantation (as of February 1st, 2018)
• Is undergoing a terminal phase or state of life (as of January 1st, 2020)
• Has made a serious accident resulting in a risk of death or a serious and permanent dysfunction (as of December 1st, 2020)

For Chile's credit, a 90-day childcare leave was provided to parents during COVID-19 where an initial 30-day leave could be extended two times for up to 90 days. In such cases, a working parent or both could request a suspension of employment contract and as such were considered unemployed and could receive childcare leave benefits as unemployed persons.

The exceptional arrangement for childcare leave in Chile during COVID-19 is a great example of how benefits could be flexible to adapt to emerging situations. Similarly, you, as an international employer, may have in place benefits which, despite being compliant, are not to each worker's satisfaction. Here is where customized benefits come in, and Skuad is best prepared to develop and manage these for international employers.  

Marriage leave

Marriage leave in Chile is regulated under Article 207 (Bis) of the Labor Code whereby an employee is entitled to five days of paid marriage leave. The leave should be requested at least 30 days before commencement and could be granted as of marriage day or for any five consecutive days after the marriage.  

Vaccination leave

The vaccination leave in Chile is regulated under Executive Order No. 1706/22 and Article 66 (Ter) of the Labor Code, whereby employees are entitled to half a day of paid leave to get vaccinated against COVID-19 only if vaccination is conducted under a public vaccination program or campaign. Employees are required to notify employers at least two days before vaccination.

Chile's Executive Order No. 1706/22 and the new article in Labor Code provide yet another example of emergency (and effective) measures governments (and employers) can take to anticipate any emerging risks and to avoid disruptions.

At Skuad, we excel in employee benefits management and beyond. Our extensive market knowledge not only helps you navigate the intricacies of benefits development in Chile but also to be ahead of the competition in providing unmatched and extremely flexible benefits packages in emergency and normal times.  

Military service or training leave

The military service or training leave in Chile is regulated under Article 158 of the Labor Code and Executive Order No. 859/7, whereby employers are obliged to grant permission to and retain all employment rights, including leaves, of employees registered for non-voluntary military service. Conversely, employers are not obliged to grant permission to employees registered for voluntary military service who as such do not retain employment rights. However, if an employer chooses, in an exercise of contractual powers, to grant permission to an employee to perform voluntary military service, all employment rights are retained to such an employee, including leaves.  

The military service or training leave in Chile is unique, which offers yet another opportunity to employers to get creative and craft custom military service benefits. Unlike the above leaves, a military leave involves many complexities and possible post-service psychological and physical health-related consequences. To return to pre-service life, employees may need more psychological support. 

Hiring contractors or employees in Chile? It’s simple with Skuad

As an employer, you may not have enough if at all, medical or social work expertise to handle your returning employees. Here is where Skuad adds enormous value to your investment in benefits. By providing personalized psychological and physical health or adjustment assistance and guidance, your returning employees are work-ready as soon as possible — and without disruption to your workflow and business.

Talk to our experts at Skuad. So, we can provide you with the best advice and world-class solutions to reintegrate your returning valuable employees back home and into business.