Mères qui Travaillent - Chile

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 18.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 24 month(s) of life of the child
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 84 days
What is the wage replacement rate for parental leave? 100 % of normal wage
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

Female employees are entitled to the paid maternity leave of eighteen (18) weeks duration composed of six weeks before delivery and twelve weeks after it. The father is entitled to a paid leave of five days in case of birth of a child that can be used by choice from the time of delivery. In case of multiple births, the postnatal rest period will increase by seven consecutive days for each child born from second.

Post natal maternity leave may be extended until recovery in case of illness or complication that occurs as a result of delivery and prevents return to work for a period exceeding the postnatal leave. In such case, the organization is responsible for preventive or curative health care. To avail the maternity leave, the worker shall submit a medical certificate to the head of the establishment, company or employer certifying that the pregnancy has reached the period fixed for it.

Source: §195-197 of the Labour Code 2002

Maternity leave of 18 weeks is a fully paid leave. Maternity benefits are paid to all women in the public and private sectors and to self-employed workers. In case of multiple births, the paid leave is extended by 7 more days for each child after the second one. If the mother dies during confinement or during the postnatal leave period, the father is entitled to the benefits and the leave under the same conditions as were established for the mother. The benefits are paid through the Single fund for family benefits, unemployment benefits, funding subsidies and mother’s leave and are financed through a contribution tax as prescribed in the budget.

Source: §195 & 198 of the Labour Code 2002; Decree Law No. 44 and DFL N ° 150, 1981)

More about parental leave:

In accordance with the Labour Code, female workers are entitled to the 12 weeks of fully paid parental leave after the regular postnatal period (12 weeks) has ended, with a subsidy ceiling of 66 UF with gross. Female workers may take part-time paid parental leave for up to 18 weeks, in this case they will receive 50% of maternity benefits and 50% of their wages. In order to avail part-time parental leave, a worker must notify the employer and labour inspector in writing through certified mail at least 30 days (10 days in case father is availing parental leave on mother's consent) prior to the expiry of post natal parental leave. Otherwise, full-time parental leave is granted.

 

Unemployed women workers may enjoy the cash benefit related to postnatal parental leave up to 36 weeks, if:

  1. they are unemployed in the sixth week before confinement;
  2. they have been affiliated to the Social Security System for at least 12 months or more before the beginning of pregnancy;
  3. they have paid eight or more continuous or discontinuous monthly contributions as dependent worker within the twenty four months immediately before the starting of pregnancy.

 

Parental leave of 12 weeks is also provided in case of adoption.

 

Source: §197bis of the Labour Code 2002; Law No. 20545 of 2011