On June 14, 2021, Law No. 21,351 was published, which amends the law that establishes benefits for fathers, mothers and caregivers of children, granting exceptional benefits to dependent, independent and public sector workers who have made use of one or more parental preventive medical leaves under the conditions it indicates. It establishes the following:

1. During the state of constitutional exception of catastrophe and during the time it is extended, workers who have made use of one or more parental preventive medical leaves, may suspend the effects of their employment contracts.

2. In the above case, such workers shall be entitled to receive up to the first 3 months of such suspension, a monthly benefit equivalent to 100% of the subsidy for work incapacity derived from the parental preventive medical leave, in those cases in which the workers have received for such monthly leave, a monthly net amount equal to or less than $1,000,000, and 70% or $1,000,000, whichever is greater, in those cases in which the workers have received for such monthly leave, a monthly net amount greater than $1,000,000.

3. The benefit established above will be financed by the Severance Solidarity Fund. In the event that such amount is insufficient to finance the totality of the benefit, the workers will be entitled to a fiscal supplement to complete a monthly benefit equivalent to 100% or 70% of the monthly subsidy for work incapacity derived from the parental preventive medical leave, as the case may be.

4. In the event that the effects of the contract remain suspended after the months indicated in the seventh paragraph, the workers will be entitled to receive benefits that will be calculated according to the averages of their salary accrued in the last 3 months in which they registered contributions, with the percentages and values that are applicable to them according to Article 7 of Law No. 21.

5. Additionally, self-employed workers who are in the same circumstance indicated in the seventh paragraph, exceptionally, shall be entitled to receive a tax bonus for up to 3 months, the amount of which shall be equivalent to 100% of the subsidy for incapacity for work derived from the parental preventive medical leave, in those cases in which the workers have received for such monthly leave, a monthly net amount equal to or less than $1. 000,000, and of 70% or $1,000,000, whichever is greater, in those cases in which the workers have received a monthly liquid amount higher than $1,000,000 for such monthly leave.

6. For the purposes of the above, it shall be sufficient that the workers request the benefit during the state of constitutional exception of catastrophe and during the time it is extended, in order to be understood that they have exercised this right within the legal term and may access the mentioned benefits for up to 3 months, if so requested.

7. Workers who make use of the suspension regulated by the seventh paragraph shall be entitled to an extension of the leave of absence referred to in article 201 of the Labor Code. The extension period shall be equivalent to the period of suspension actually used and shall be effective immediately upon termination of the period of leave extended by the parental preventive medical leave that has been used.

8. During the validity of the state of exception and for as long as it is extended, the workers who at the date of publication of this law had the effects of their work contracts suspended, and as long as the suspension remains in force, shall be entitled to the next 3 monthly benefits that may correspond to them, as of the mentioned date of publication, to be equivalent to 100% of the subsidy for work incapacity derived from the parental preventive medical leave in those cases in which the workers have received for said monthly leave, a monthly liquid sum equal to or less than Ps.1,000,000, and 70% of 70% of the monthly liquid sum equal to or less than Ps.1,000,000, and 70% of the monthly liquid sum equal to or less than Ps.1,000,000. 000,000, and of 70% or $1,000,000, whichever is greater, in those cases in which the workers have received for such monthly leave, a monthly net amount higher than $1,000,000.

9. The bonus for self-employed workers established in Article 4 of the Protected Parenting Law, as amended by this law, must be requested during the validity of said law, on a monthly basis and for up to 3 months, as of the publication of this law, so that it is understood that they have exercised this right within the legal term and may have access to the mentioned benefit.

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