On June 22, 2022, the Labor Directorate issued Opinion No. 1076/19, ruling on the meaning and scope of Law No. 21.441, which extends the duration of leave for workers in the event of the death of the father or mother, and incorporates the same leave in the event of the death of a sibling. Specifically, this pronouncement states the following:

1. The leave for the death of the father or mother is extended to 4 working days.
2. The same leave of 4 working days is established for the death of a sibling of the employee.
3. The leave due to the death of the father, mother or brother of the employee is effective as of the day on which the death occurred.
4. The computation of the leave includes only working days, therefore excluding for this purpose all those days that are holidays or public holidays according to the law.
5. The work leave is effective as of April 9, 2022, date of publication of the law under study in the Official Gazette.
6. In view of the labor nature of the right arising from the regulations introduced by Law No. 21.441, this right cannot be waived as long as the employment contract exists.

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