ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Chile - Maternity protection - 2011


LAST UPDATE

15 November 2011

SOURCES

Decree 64 of 17/07/2010 created a Presidential Advisory Committee "Women, work, maternity" whose objectives were to evaluate current legislation and policies in order to improve working conditions of women. In August of 2010 the committee presented its analysis and proposal regarding changes in legislation on maternity protection and It was approved on September 29 of 2011 a norm that modifies the Labour code regarding maternity, paternity and parental leave.
In October 2011 the Act 20545 was published.

Name of Act

Decree Law No. 150, which establishes the revised, harmonized and standardized text of the regulations of the single fund for family allowances and unemployment benefits for workers in the public and private sectors, (Fija el texto refundido, coordinado y sistematizado de las normas sobre sistema unico de prestaciones familiares y sistema de subsidios de cesantia para los trabajadores de los sectores privado y publico), of 27 August 1981, as amended up to Act n° 20255 of 17 March 2008

Name of Act

Act No. 18,469, which regulates the exercise of the constitutional right to health protection and establishes a health benefits scheme (Regula el ejercicio del derecho constitucional a la protection de la salud y crea un regimen de prestaciones de salud), Diario Oficial, No. 32,329, 23 November 1985, p. 24), of 14 November 1985, as amended by Act Nº 19.966, D.OF. 3 September 2004

Name of Act

Labour Code, Decree Law No. 1 that issues the consolidated version of the Labour Code (DFL N°1 Fija el texto refundido, coordinado y sistematizado del codigo del Trabajo), of 31 July 2002, with amendments up to Law No. 20.532 of 28 April 2011.

Name of Act

Decree-Law No. 44, which establishes the common standards for sick-leave benefits for workers in the private sector, of 24 July 1978 (Diario Oficial, No. 30,123, 24 July 1978),as amended up to Act No. 19,299, of 8 March 1994 (Diario Oficial, No. 34,813, 12 March 1994, p. 13).

Name of Act

Act No. 18,418, which transfers to the single fund for family allowances and unemployment benefits the funding of maternity leave benefits, of 25 July 1985 (Diario Oficial, No. 32,219, 11 July 1985, p. 3237).
DFL 150/82

Name of Act

Ley No 20.348 Protects the Right to Equality in Pay
Resguarda el Derecho a la Igualdad en las Remuneraciones
De: 19-JUN-2009

Name of Act

Act No. 20,428 of 24 March 2010
Gives a Bonus to Lower-Income Families that benefit from family allowances and maternity benefits according to Act Nº 18.020 and Decree Law Nº 150, de 1981.

Name of Act

Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

MATERNITY LEAVE


Scope

Maternity protection is conferred by the Labour Code and covers women workers in the public and private sectors, companies of mixed capital, public administration and public establishments, cooperatives, households, industrial, agricultural, mining and commercial enterprises and it also extents to all women covered by a welfare system.
Labour Code § 194

Qualifying conditions

Medical certificate
Labour Code §197
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Duration


Compulsory leave

18 weeks (six weeks before and twelve weeks after confinement).
Labour Code §195

General total duration

18 weeks (six weeks before and 12 weeks after confinement).

In case of multiple births, the paid leave will be extended for 7 more days for each child after the second one.
Labour Code § 195
Historical data (year indicates year of data collection)
  • 2009: 18 weeks (six weeks before and 12 weeks after confinement).
  • 2004: Eighteen weeks
  • 1998: Eighteen weeks
  • 1994: Eighteen weeks

Extension

If the child is born after the expected date, prenatal leave shall be extended until the birth of the child.
Labour Code §196

Leave in case of illness or complications

If the worker becomes ill as a result of her pregnancy, or after delivery, she shall be entitled to additional leave for an unspecified period of time.

Labour Code §196

RELATED TYPES OF LEAVE


Parental leave


Scope

Parental leave is part of the Maternity protection norms conferred by the Labour Code and it covers women workers in the public and private sectors, companies of mixed capital, public administration and public establishments, cooperatives, households, industrial, agricultural, mining and commercial enterprises and it also extents to all women covered by a welfare system.
Independent workers have been expressly entitled to postnatal parental leave according to §197 of the Labour Code, for 12 weeks receiving 100% of cash benefit or 18 weeks receiving 50% of cash benefit.
Labour Code §197 bis
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave §4

Qualifying conditions

The worker shall notify the employer her decision to take part-time parental leave. This notification shall be written and send at least 30 days before the expiring date of postnatal leave and through certified mail with copy to the Labour inspector. Otherwise, the law provides the
full-time parental leave as general rule.

The father may enjoy this parental leave if the mother decide it,
in this case the father shall notify his employer at least 10 days before making use of this right by written and through certified mail with copy to the Labour Inspector.

Since January the 1st of 2013, unemployed women may enjoy the cash benefit related to postnatal parental leave up to 36 weeks, if:
they are unemployed in the sixth week before confinement
they have been affiliated to the Social Security System for at least 12 months or more before the beginning of pregnancy.
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.
Labour Code § 197
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Length

Female workers are entitled to a paid parental leave up to 12 weeks after the ending of their maternity postnatal leave(12 weeks).

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.
Labour Code
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Paternity leave


Scope

The Labour Code provides that employed fathers shall be entitled to five days of paid leave following the birth of the child.
Labour Code § 195

Qualifying conditions

There are not qualifying conditions to be entitled with this right.
Labour Code

Length

The father is entilted to five days (consecutive or not) of paid leave. This right is compulsory and must be taken during the first month after birth.
Labour Code §195

Adoption leave


Scope

A worker, either man or woman, who is the guardian of a child younger than six months, as a result of having had legal custody or guardianship of the child granted as a means of protection, shall be entitled to leave and benefits.
Parental leave granted also for adopters under the Act 20545 of 2011 please see its terms in our sources.
Labour Code § 200
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Length

Up to 12 weeks
Labour Code § 200

RIGHT TO PART-TIME WORK

Please see post natal parental leave
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefits are paid to all women in the public and private sectors and to self-employed workers.
If the mother dies during confinement or during the postnatal leave period, the father shall be entitled to benefits and leave under the same conditions as were established for the mother.
Labour Code § 198
Decree Law No. 150 §2 (a)

Qualifying conditions

To be entitled to these benefits, a worker shall have been affiliated for not less than six months and have paid contributions for not less than three months in the six months preceding the starting date of the corresponding medical leave.
The Institution in charge of Supervision of the Health services(Superintendencia de salud) may enact regulations on qualifying conditions.
Since January the 1st of 2013 qualifying conditions will change for unemployed.
Decree-Law No. 44 §4
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Duration

Benefits are paid for the normal duration of maternity leave (18 weeks)
Labour Code §195

Amount

100 per cent (up to a ceiling)
Labour Code §198
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 100 per cent (up to a ceiling)
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The Single fund for family benefits, unemployment benefits, funding subsidies and mother’s leave is financed solely by contributions tax
be set in the Budget Act and shall be governed by provisions of Decree Law No. 1,263 of 1975.
Decree Law No. 150 §20
Act No. 18,418 and Decree with Law Force 150/82 §1
Historical data (year indicates year of data collection)
  • 2009: Social security system
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

Maternity benefits are paid to all women in the public and private sectors and to self-employed workers.
If the mother dies during confinement or during the postnatal leave period, the father shall be entitled to benefits and leave under the same conditions as were established for the mother.
Labour Code
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Qualifying conditions

See qualifying conditions for maternity cash benefits
Decree-Law No. 44
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Duration

Female workers are entitled to a paid parental leave up to 12 weeks after the ending of their maternity postnatal leave(12 weeks).

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.
Labour Code
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Financing of benefits

The benefit derived from postnatal parental leave is funded by the Single Fund for Family Allowances and Severance Allowance of Decree with Force of Law No. 150, the Ministry of Labour and Social Welfare, 1982.
Labour Code §197 bis
Act 20545 of October 6 of 2011, in force since October the 17 of 2011, that modifies legislation on Maternity Protection and Adds Parental Postnatal Leave

Paternity leave benefits


Scope

Paternity benefits are paid to all workers in the public and private sectors and to self-employed workers.
Decree Law No. 150 §2

Qualifying conditions

There were not identified qualifying conditions.
Labour Code §195

Duration

Five days.
Labour Code §195(2)

Amount

Payed (normal wage)
Labour Code §195 (2)

Financing of benefits

Social Security System
Decree Law No. 150 §20
Act No. 18,418 and Decree with Law Force 150/82 §1

Adoption leave benefits


Scope

benefits are paid to all women in the public and private sectors and to self-employed workers.
If the mother dies during confinement or during the postnatal leave period, the father shall be entitled to benefits and leave under the same conditions as were established for the mother.
Labour Code

Qualifying conditions

To be entitled to these benefits, a worker shall have been affiliated for not less than six months and have paid contributions for not less than three months in the six months preceding the starting date of the corresponding medical leave.
Labour Code

Duration

12 weeks
Labour Code §200

Amount

Hundred percent of the average income of the three months immediately preceding adoption (social security contributions and taxes deducted shall be deducted from this amount).
Labour Code §200

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Every woman shall be entitled to medical care during her pregnancy and for six months following the birth of the child. The child shall also be entitled to state protection and health check-ups until the age of six years. Medical care includes medical curative care, examinations and diagnostic and surgical procedures, hospitalization, obstetrical care, treatment, including medication and other care that is necessary at confinement. Beneficiaries may freely choose their health-care professional or the health-care establishment where these services are provided.
Act No. 18,469 §8,9

Financing of benefits

Without prejudice of further regulations, the regime will be financed, besides, with tariffs paid by beneficiaries of the services.
State through the National Health Fund covers 100% of medical healthcare of groups a and b (indigents and people earning less than a national monthly minimum salary), 75% for people earning the equivalent to 1,46 national monthly minimum salary and 50% for people of group d (earning more than 1,46 national monthly minimum salary).
Act No. 18,469 §30

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman shall be entitled to a one hour break to nurse her child below 2 years of age. This right is compulsory. The nursing breaks in agreement with the employer may be taken: a) at any time of the working day; b) in two breaks; c) by starting sooner or ending later the working day within a maximum of 1 hour, excepting the transport time.
Labour Code § 206

Remuneration of nursing breaks

Nursing breaks count as working time and shall be remunerated as normal working hours.
Labour Code §206

Nursing facilities

Establishments with 20 or more women workers shall have an adjoining and independent room (of the workplace) where woman workers may go to breastfeed children younger than two years and leave these children while they are at work. The cost of this nursing facilities will be borne in employers.
Labour Code §203

HEALTH PROTECTION


Arrangement of working time


Night work

Prohibited for pregnant women.
Labour Code § 202 c.

Overtime

Prohibited for pregnant women.
Labour Code § 202 (d)

Work on rest days

Not identified any prohibition regarding work of pregnant workers during these days.
Labour Code

Time off for medical examinations

Not mentioned
Labour Code

Leave in case of sickness of the child

In case of serious illness of a child under a year old that requires to take care at home, if certified by a medical certificate issued or endorsed by the services are in charge of medical care children, the working mother is entitled to grant paid permission. In the event that both parents are employed, any of them may enjoy the permit to choice of the mother.
If the mother has died or the father has granted the custody of the minor by court, he will be entitle to this permit.

In case of terminal or serious illness of a child under 18 years old that requires personal attention, the working mother is entitled to a leave of absence from work for the number of hours equivalent to ten days ordinary work per year, distributed according her choice of full days, partial or a combination thereof.
Medical certificate is needed and has to be issued by the doctor having responsibility for the care of the child.
If both parents are working dependent, any of them, at the option of the mother can enjoy this permission. unless, the father has gained custody in court.

Time not worked shall be returned by the worker booked to its next annual holiday or through extraordinary laboring hours as agreed by the parties.
Labour Code §199,199bis

Other work arrangements

The possibility for pregnant workers to work part-time is not expressly mentioned. However, the parties may vary the working conditions by mutual agreement.
Labour Code

Dangerous or unhealthy work


General

Pregnant workers cannot be obliged to perform any dangerous work, and must be transfered to another type of work.
Labour Code § 202

Risk assessment


» Assessment of workplace risks

Employers are compelled to take all necessary measures to protect effectively the life and health of all their workers. Institutions in charge of management and surveillance of professional risks shall notify employers about their risks. Regarding pregnancy in particular, the labor Code enlists a series of works considered as harmful.
Labour Code §184

» Transfer to another post

A woman worker who is typically involved in work that the authority considers harmful to her health during pregnancy, shall be transferred, without decrease in remuneration, to another post that is not prejudicial to her health.
Labour Code § 202

» Paid/unpaid leave

In case of illness derived from pregnancy, the woman may enjoy a further paid prenatal leave and its extent will be settled by the institutions that provide her medical with health-care.

In case of illness derived from confinement, the woman may also enjoy an extension of her paid postnatal leave until the date settled by the institutions that provide her with medical health-care.
Labour Code §196,198

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Work considered prejudicial to health includes any work that obliges the worker to lift, drag or push heavy weights, make physical efforts, including standing for long periods of time, and that the competent authority states as incompatible with pregnancy.
Labour Code § 202 (a, b, e)

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Work considered prejudicial to health includes any work that obliges the worker to lift, drag or push heavy weights, make physical efforts, including standing for long periods of time, is carried out at night, is carried out as overtime, and that the competent authority states as incompatible with pregnancy.
Labour Code §202 (a,b,c,d,e)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Discrimination, exclusion or preference based on sex, among other things, is contrary to the principles laid down in labour legislation.

The employer must comply with the principle of equal remuneration for men and women who do the same job.
Labour Code §2, 62 bis

Prohibition of pregnancy testing

It is forbidden to employers conditioning the hiring of female workers, her retention, her renewal of contract, her promotion or mobility in employment to the absence or existence of pregnancy, or to demand for such purposes any certificate or examination to verify whether it is or not stage of pregnancy.
Labour Code §194 par. 3

Protection from discriminatory dismissal

An employer may not terminate a worker’s contract during her pregnancy and for up to one year after the expiry of her maternity leave without the prior authorization of the competent court. This provision also applies to fathers who use the maternity leave of mothers who have died during their confinement. If contract is ended in ignorance of a worker’s pregnancy this shall be without effect, and the worker will return her post, for which she need only present the appropriate medical or midwife’s certificate, without prejudice to her entitlement to remuneration for the period during which she remained wrongfully unemployed, if during this time she was not entitled to benefits. The worker concerned shall exercise this right within a period of 60 working days from the date of her dismissal. These provisions do not apply to domestic workers.
Labour Code §201,174

Burden of proof

Not mentioned
Labour Code

Guaranteed right to return to work

Not mentioned
Labour Code

Results generated on: 23rd November 2014 at 17:04:38.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.