Working Fathers in Chile

Does the law require paternity leave for new fathers? Yes
What is the total duration of paid paternity leave at the time of delivery? 5 days
What is the wage replacement rate for paternity leave? 100 % of normal wage
Who pays for paternity leave? Employer
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

More about paternity leave:

The Labour Code provides five days of paid leave to the father following the birth of the child. Paternity Leave is paid by the employer. The leave must be utilized within a month after birth.

The Labour Code also provides special leave of 7 consecutive days of paid leave in the event of death of spouse or child, regardless service time and 3 consecutive days of paid leave in the event of death of mother, father, or stillborn child. These leaves are in addition to annual holidays and may be utilized as paternity leave. In the case of marriage, every worker is entitled to five working days of continuous paid leave irrespective of length of service.

Source: §66,195 & 207 of the Labour Code 2002

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