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The Law Today

National Congress Passes Bill Establishing Benefits for Fathers, Mothers and Caregivers of Children

27 Jul 2020

Introduction

On 27 July 2020, Law No. 21,247 was published in the Official Gazette, establishing benefits for parents who are taking post-natal parental leave and for caregivers of children born after 2013.

In particular, the bill provides for the following:

1. The law establishes that workers who are making use of their post-natal parental leave and whose term occurs during the state of constitutional emergency of catastrophe shall be entitled to preventive parental leave due to Covid-19 disease.

This medical leave will be available to workers whose permission has ended as of March 18, 2020 and before the entry into force of this law.

The permission shall be extended for 30 days, which may be renewed a maximum of two times, for the same period. If both parents have taken postnatal leave, either of them, at the mother’s choice, may take this preventive medical leave.

2. Workers who take preventive medical leave shall be entitled to an extension of the jurisdiction referred to in article 201 of the Labour Code. The period of extension shall be equivalent to the period of preventive medical leave actually used, and shall apply immediately after the end of the aforementioned period of jurisdiction.

3. The law provides that while the operation of educational establishments, kindergartens and nurseries, which the respective child would attend, remains suspended, workers affiliated to the unemployment insurance of Law No. 19.728, who have the personal care of one or more children born as of 2013, shall have the right to suspend the effects of the employment contract for care purposes, provided that the worker meets the requirements for access to the benefits established in Title I of Law No. 21.227.

4. This amendment also establishes that while the operation of educational establishments, kindergartens and nurseries, which the child attends, remains suspended, the employer may not invoke the cause for termination of the employment contract established in article 160, paragraph 3, of the Labour Code, in respect of workers whose contracts are not temporarily suspended, provided that the cause for their non-attendance is due to the care of the child born after 2013, and that they have no other alternative. This circumstance must be communicated to the employer as soon as the impediment arises, and accredited to the employer within two working days following the respective non-attendance.

5.   This Act states that the parental preventive medical leave referred to in Title I of this Act shall expire by the sole ministry of law on the following grounds, whichever occurs first: (i) On the expiry of the state of constitutional emergency; (ii) On the expiry of the term of this Act; (iii) In the event of the death of the child which caused the preventive medical leave.

Introduction

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

JDF