permiso por paternidad chile

In this article you will find:

  • What is the permission?
  • How to apply for paternity leave?
  • What if it is a multiple birth?

In the year 2006 was approved in the Chilean Senate, a permission that gives the parents-to-five paid days in case of birth or adoption of a baby.

What is the permission?

According to the paragraph 2nd of article 195 delC├│digo of the Work in Chile, the permit may be used at the choice of the father from the time of delivery, and in this case, will be calendar days except for the interruptions arising from the weekly rest days falling within the period, or you can distribute them within 1 month of the date of birth in the form of continuous or fractionated.

If the worker makes the effect of its permit from the time of delivery, the 5 days of paid leave must be used continuously, without interruptions. If you choose to use it within 1 month from the date of birth, you can distribute the day on the opportunities that the worker deems appropriate. It should be noted that you should be effective only in the days of working day, not proceeding when you are days of weekly rest.

How to apply for paternity leave?

The worker must make a request in writing to the employer the use of his days, who will not be denied, but may require confirming the right to this permission, if so this can be done by presenting the certificate of birth granted by the Civil Registry.

What if it is a multiple birth?

This permission does not increase in case of births or multiple births, which implies that the father is only entitled to 5 days for such a cause, whatever the n° of children product of pregnancy.

In the case of the adoption of a child the worker will be able to make use of the permission that corresponds to him in the same terms as the biological father, that is to say, on a continuing basis from the date of the final judgment that granted the adoption or within 1 month of that date, in the form of continuous or fractionated.

Read also: maternity leave in Argentina

If the worker during the period corresponding to your permit is not serving the cause of a medical license, has no right to use this benefit after due to that it must be paid within the 1° month of birth of the child.

In addition, if the parent terminates the employment contract during the period in which you can do to cash your permission, you do not have the right to be compensated for the days that were pending for such a concept, to the date of termination of his employment relationship for just cause.

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