LAW NO. 20,545 AMENDS THE RULES ON MATERNITY PROTECTION AND INCORPORATES PARENTAL POST-NATAL LEAVE Having present that the National Congress has given its approval to the following bill Bill: " Article 1.-Introduces The following amendments to the Labour Code, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 1, of the Ministry of Labor and Social Welfare, of 2003: 1) Replace Article 195, by the following: " Article 195.-Workers shall be entitled to a maternity break of six weeks prior to delivery and 12 weeks after delivery. The parent shall be entitled to a five-day paid leave in the case of the birth of a child, which may be used at the time of delivery, and in this case it shall be continuously, excluding the weekly rest, or distributed within the first month from the date of birth. This permit shall also be granted to the parent who is in the process of adoption, and shall be counted from the notification of the decision granting the personal care or the adoption of the child, in accordance with Articles 19 and 24 of the law. No. 19,620. This right is inalienable. If the mother dies during the birth or during the period of leave after the birth, such leave or the remainder of the leave to be taken care of the child shall be the responsibility of the father or the person who is granted the custody of the child, who shall enjoy the jurisdiction of the child. Article 201 of this Code shall be entitled to the subsidy referred to in Article 198. The father who is deprived by a judicial sentence of the personal care of the child will lose the right to immunity and allowance established in the previous paragraph. The rights referred to in the first paragraph may not be waived and during the rest periods the work of pregnant and puerful women shall be prohibited. In addition, however, any provision to the contrary shall be retained by their posts or posts during those periods, including the period laid down in Article 197 a. " 2) The following fourth points shall be inserted in Article 196. Fifth and sixth, new, passing their current fourth indent to be seventh: " When the delivery takes place before the beginning of the thirty-third week of gestation, or if the child at birth will weigh less than 1,500 grams, the postnatal rest of the first indent Article 195 shall be eighteen weeks. In the case of deliveries of two or more children, the post-natal rest period laid down in the first paragraph of Article 195 shall be increased by seven days for each child born from the second. Where the circumstances set out in the fourth and fifth subparagraphs of this Article are simultaneously present, the duration of the post-natal rest shall be that of the person who has the greatest extent. "3) Add the following Article 192a:" Article 197 bis.-Workers shall be entitled to a parental post-parental leave of 12 weeks following the post-natal period, during which they shall receive a subsidy, the basis of which shall be the same as the maternity leave allowance to which they are paid. refers to the first paragraph of Article 195. However, the worker will be able to return to her duties after the post-natal leave is completed, for half of her day, in which case the parental post-natal leave will be extended to eighteen weeks. In this case, he shall receive fifty per cent of the allowance which has been paid to him in accordance with the preceding subparagraph and at least fifty per cent of the fixed stipends laid down in the employment contract, without prejudice to the other variable character remunerations to which you are entitled. Workers who are exempt from the working time limit, in accordance with the second paragraph of Article 22, may exercise the right laid down in the foregoing paragraph, in the terms of that provision and in accordance with the provisions of the your employer. In order to exercise the rights set out in the second, third and eighth points, the worker must give notice to her employer by registered letter, sent at least thirty days before the end of the postnatal period, with a copy to the Labour Inspectorate. If this communication is not carried out, the worker must exercise her parental post-natal leave in accordance with the provisions of the first subparagraph. The employer shall be obliged to reinstate the worker unless, because of the nature of her work and the conditions in which she performs the work, the latter may only be able to carry out the journey which the worker had completed before her prenatal leave. The refusal of the employer to the partial reinstatement must be informed and informed to the worker, within three days of receiving the communication of this, by registered letter, with copy to the Inspection of the Work in the same act. The worker may claim that refusal before the said entity, within three working days from which she becomes aware of the communication of her employer. The Labour Inspectorate will decide whether the nature of the tasks and conditions in which they are performed justify the refusal of the employer. In the event that the worker chooses to return to work in accordance with this article, the employer must give notice to the entity paying the allowance before the start of parental post-natal leave. However, where the mother has died or the father has the personal care of the child by a court judgment, the allowance and allowance provided for in the first and second points shall be the responsibility of the child. If both parents are workers, any of them, at the mother's choice, may enjoy parental post-natal leave, starting in the seventh week of the parental leave, for the number of weeks indicated. The weeks used by the parent must be placed in the final period of the permit and shall be entitled to the allowance provided for in this Article, calculated on the basis of their remuneration. The worker shall be subject to the provisions of the fifth subparagraph. In case the parent makes use of parental post-natal leave, she must give notice to her employer by registered letter sent, at least, ten days in advance of the date on which she will make use of the said permit, with a copy to the Inspection of the Work. Copies of such communication shall be forwarded within the same period to the employer's employer. In turn, the employer of the parent must give notice to the paying agencies of the corresponding allowance, before the start of parental post-natal leave. The subsidy derived from parental postnatal leave will be financed from the Single Fund of Family Benefits and the Cesantia Allowance of the decree with force of law Nº150, of the Ministry of Labor and Social Welfare, of 1982. The employer who prevents the use of parental post-natal leave or makes any arbitrary or abusive practice in order to hinder or make it impossible to use the permission set out in the preceding points, will be punished with a fine Tax from 14 to 150 monthly tax units. Any infringement of the provisions of this paragraph may be denounced to the Labour Inspectorate, which may also act on its own initiative in this respect. "4. Replaces Article 198 by the following:" Article 198.-The woman who is finds in the period of maternity leave referred to in Article 195, of supplementary and extended term breaks referred to in Article 196, as well as workers who make use of parental post-parental leave, shall receive a a subsidy calculated in accordance with the law of the Ministry of Labor and Law No. 44 Social provision, 1978, and Article 197 a. (5) Reapply Article 200 for the following: " Article 200.-The worker or the worker who is in care of a minor, for having been granted judicially for his or her care or the care personal as a protective measure, or pursuant to Articles 19 or 24 of Law No 19,620, shall be entitled to the parental post-parental leave provided for in Article 197 a. In addition, where the child is less than six months old, he or she will be entitled to a permit and allowance for 12 weeks. A worker or worker, as appropriate, must be accompanied by a sworn statement of his or her personal care to the person causing the benefit, as well as a certificate from the worker. a court which has granted the child's personal care or care as a protective measure, or pursuant to Articles 19 or 24 of Law No 19,620. "6) Replaces Article 201 by the following:" Article 201.-During the period of pregnancy and up to one year after the expiry of the maternity break, excluding post-natal leave (a) parental leave shall be subject to the provisions laid down in Article 197 (a), and shall be subject to the provisions of Article 174. Where the father makes use of the parental post-parental leave of Article 197 a, he shall also be entitled to work for a period equal to twice the duration of his leave, to be counted from the 10 days preceding the commencement of his use. However, this parent's jurisdiction may not exceed three months. In the case of women or single or widowed men who express to the court their willingness to adopt a child in accordance with the provisions of Law No 19,620, the period of one year laid down in the first subparagraph shall be counted from the date on which the child is the judge, by judgment given to the effect, entrust to these workers the personal care of the child in accordance with Article 19 of Law No. 19,620 or grant him the same in the terms of the third paragraph of Article 24 of the same law. S In the case of damage to the foregoing, the court of justice shall cease to be fully entitled to the jurisdiction of the judge who decides to terminate the personal care of the child or the person who denies the child's personal care. application for adoption. It shall also cease the jurisdiction in the case that the judgment in which the adoption takes place is left without effect under another judicial decision. If by ignorance of the state of pregnancy or of the personal care or tuition of a minor within the period and the conditions indicated in the second subparagraph, the term of the contract has been provided, in contravention of the provisions of Article 174, the measure the worker will be left without effect and the worker will return to her work, for which only the corresponding presentation of the corresponding medical certificate or matron will suffice, or of an authorized copy of the judgment of the court that has granted the tuition or care staff of the minor, in the terms of the second subparagraph, as the case may be, without prejudice to the right to remuneration for the period in which it has been unduly paid out of work, if at that time it is not entitled to a subsidy. The person concerned must make this right within 60 working days from the dismissal. By way of derogation from the first subparagraph, if the term of the jurisdiction is given as long as the woman is enjoying parental leave or parental leave to refer to Articles 195, 196 and 197 a, she shall continue to receive the allowance referred to above. in Article 198 until the end of the period of rest or leave. For the purposes of the unemployment benefit, if there is a benefit, the employment contract shall be deemed to expire at the time he ceased to receive the maternity allowance. ' Article 2.-The following amendments to the decree with force of Law No. 44, of the Ministry of Labor and Social Welfare, of 1978, which lays down common rules for the incapacity for work of workers dependent on the Private sector: 1) The following Article 5 ° is incorporated: ' Article 5 °.-The benefit of the parental post-parental leave provided for in Article 197 (a) of the Labour Code shall be granted on the basis of the medical leave for post-natal rest and in accordance with the instructions given by the Social security superintendence. '2) Amend Article 8 ° as follows: (a) Replace the locution' and the second indent of Article 196, both of the Labour Code 'by' Article 196 (2) and Article 196 (2) of the Treaty, as follows: Article 197 bis, all of the Labour Code ". (b) Replace in the fourth indent the sentences "and the second indent of Article 196, both of the Labour Code", by "the second indent of Article 196 and Article 197 bis, all of the Labour Code". (c) Intercalase the following fifth, new point, passing its current fifth and sixth points to be sixth and seventh: " The basis for the calculation of the subsidy which originates the parental postnatal leave of Article 197 bis of the Labour Code shall be the same as that of the (a) the allowance for maternity leave referred to in the first indent of Article 195 of the said body of law. ' (3) The following Article 8 (a) is inserted: " Article 8a.-Where the worker makes use of parental post-natal leave Article 197 (a) of the Labour Code, the limit to the daily amount of the subsidy to which the refers to the second paragraph of the previous article, which shall be determined by considering their monthly net remuneration, allowances or both, corresponding to the period laid down in the aforementioned subparagraph. " 4) Add the following second, third, Article 25 (4), fifth and sixth: " The subsidy referred to in Article 199 of the Labour Code may be granted only after the end of the parental post-natal leave. Where the right to return to work as laid down in Article 197 (a) of the Labour Code is used, the worker or the worker shall receive a subsidy equivalent to 50% of the allowance which has been paid to them. corresponding to the first subparagraph of that standard. Such allowance shall be compatible with the allowance for a sick or common accident or under law No 16,744 or for the permission of Article 199 of the Labour Code, in accordance with the rules of the following points. For the purposes of Article 8, in the case of the return of the worker or worker in accordance with Article 197 (a) of the Labour Code, on the basis of the calculation of the subsidy to be paid for a sick leave or common accident or under of Law No 16,744 or of Article 199 of the Labour Code, the monthly net remuneration for such reinstatement, the allowance derived from it, or both, shall be considered exclusively. If the worker or the worker does not have sufficient contributions to find out the months to be averaged, the net monthly remuneration resulting from the employment contract corresponding to the reincorporation, as often as necessary. However, where parental leave is exercised in accordance with the second paragraph of Article 197 (a) of the Labour Code and the worker or the worker is entitled to the allowance provided for in Article 199 of the Code. Code, the sum of the daily values of both subsidies may not exceed, in any case, the daily amount of the parental post-natal leave allowance that has corresponded to it not having been reinstated to work. Also, the total sum of both allowances during the parental post-natal leave period may not exceed the amount equivalent to the allowance that has been paid to you for that leave, if you have not been reinstated to work. Upon completion of this sum, parental post-natal leave shall be extinguished. During the period of parental post-natal leave, only the child under the age of one year who is making use of the parental post-natal leave shall be entitled to the child's serious illness allowance, in accordance with Article 197 (a) of the Code of Work. ' Article 3.-To count from 1 January 2013, women who, in the sixth week prior to delivery, do not have an existing employment contract, will be entitled to receive the allowance provided for in this article, provided that they comply with the following conditions: (a) Register twelve or more months of membership, prior to the beginning of the pregnancy. (b) Register eight or more contributions, continuous or discontinuous, as dependent worker, within the last 24 calendar months immediately preceding the beginning of the pregnancy. (c) that the last quotation closest to the month preceding the pregnancy has been recorded under any type of fixed-term employment contract, or by a given work, service or faena. The allowance shall be granted up to a maximum of thirty weeks and shall begin to become payable from the sixth week preceding the birth. If this is in place from the thirty-fourth week of gestation, the duration of the allowance shall be reduced by the number of days or weeks in which the birth has been brought forward; however, if this occurs before the start of the thirtieth third week of gestation, or if the child at birth will weigh less than 1,500 grams, the allowance will be thirty weeks. In turn, in the case of deliveries of two or more children, the subsidy period will be increased by seven days for each child born from the second. Where the circumstances above are at the same time, the duration of the allowance shall be that which has the greatest extent. The calculation basis for determining the amount of this allowance shall be an amount equal to the sum of the net monthly remuneration, the allowance, or both, accrued by the woman in the immediately preceding twenty-four calendar months at the beginning of pregnancy, divided by twenty-four. The daily allowance of this article shall be an amount equal to the 30th of its basis of calculation, and shall in no case be less than the minimum laid down in Article 17 of the decree with law force No 44, of the Ministry of Labour and Social Welfare, 1978. For the purposes of calculating the average referred to in the third subparagraph, each net monthly remuneration, allowance, or both, shall be adjusted in accordance with the variation experienced by the Consumer Price Index on the last day of the month preceding the month of the month preceding the month. the accrual of the remuneration, allowance, or both, and the last day of the month preceding the beginning of the allowance provided for in this Article. On the amount of the subsidy, the beneficiaries will have to make the contributions of 7% for health and for article 17 of Decree Law No. 3,500 of 1980. During the last twelve weeks of benefit the beneficiaries will be able to work, without losing the benefit of this article. For the purposes of this article, the net monthly remuneration shall be that of article 7 ° of the decree with force of law N ° 44, of the Ministry of Labor and Social Welfare, of 1978. The allowance provided for in this article shall be granted by the competent body for the payment of the incapacity benefits of the independent workers who are listed as National Health Fund. The rules governing the medical licenses of such workers shall apply to the processing, authorization and payment of the allowance of this article. The subsidy established in this article will be financed from the Single Fund of Family Prstations of the decree with force of Law No. 150, of the Ministry of Labor and Social Welfare, of 1982. It will be up to the Superintendence of Social Security to monitor and monitor the subsidy established in this article. For these purposes, the organic provisions shall apply. This is the case for the Superintendence and this law. The Superintendence will dictate the necessary rules, which will be obligatory for all the institutions or entities involved in the said subsidy. Article 4 °.-Add the following article 152 bis to the decree with force of law N ° 1, of the Ministry of Health, 2006, which fixes the recast, coordinated and systematized text of Decree Law No. 2,763, 1979, and of Laws No. 18.933 and No. 18.469: " Article 152 a.-Independent workers shall be entitled to the parental post-parental leave of Article 197 (a) of the Labour Code, which they may exercise for twelve weeks, receiving the whole of the allowance, or for eighteen weeks, receiving half of that, in addition to the income or remuneration which they may receive, giving notice to the payment institution of the subsidy before the beginning of the period. The basis for calculating the allowance provided for in this Article shall be the same as the maternity break referred to in the first indent of Article 195 of the Labour Code. For the purposes of determining the compatibility of benefits to which the worker is entitled, the provisions of the second and the following points of Article 25 of the decree with force of law No 44, of the Ministry of Labor and Social Welfare, shall apply. of 1978. ' Article 5.-Intercalase, in Article 17 of Law No 16,744, the following second indent, new, passing the current second indent to be third: " During the period in which the workers are reintegrated into the work under Article 197 a of the Labour Code, employers must make the contributions of this law on the basis of the remuneration corresponding to that day. " Article 6.-Those and officials of the public sector referred to in the first paragraph of Article 194 of the Labour Code shall be entitled to parental post-natal leave and to the allowance which this originates in the same terms of Article 197 a of the Code. This subsidy will be applied to the corresponding rules of the decree with force of law No. 44, of the Ministry of Labor and Social Welfare, of 1978. This permit does not apply to the provisions of article 153 of the decree with force of law N ° l, of the Ministry of Health, of 2006, which fixes the recast, coordinated and systematized text of Decree Law No. 2,763, 1979, and of Laws No. 18,933 and N ° 18,469. A regulation issued by the Ministry of Finance, which is also signed by the Ministry of Labor and Social Security, will determine the form and procedure in which the official will be able to use the right to return to her duties during the enjoyment of this permit. In addition, it shall establish the criteria which the employer's service or institution must use to determine the day to which it is responsible. For this purpose, you may consider the scale of remuneration and the degree to which it holds, among other factors. The rules of this Article shall apply to civil servants who make use of the parental post-natal leave provided for in Article 197 (a) of the Labour Code. Without prejudice to the provisions of the preceding subparagraphs, the officials and officials shall continue to receive the allocation of the area referred to in Decree-Law No 249 of 1973 and their supplementary rules, as well as the special bonuses which Article 13 of Law No 20.212, Article 3 of Law No 20,250, Article 30 of Law No 20.313 and Article 12 of Law No 20,374, benefit the extreme areas of the country, as laid down in Article 3 of Law No 20.198. The payment of these remuneration shall be the responsibility of the employer. Article 7.-During the period in which the parental leave allowance provided for in Article 197 a of the Labour Code is used, the contributions shall be made in accordance with the rules governing disability allowances work. Where the worker rejoins his or her duties, in accordance with the provisions of that provision, the institution paying the subsidy shall find out the contributions on the basis of fifty per cent of the taxable amount for which it is made the contributions during postnatal leave. Article 8 °.-The Ministries of Finance and Labor and Social Welfare shall report annually to the Finance, Labor and Health Committees of the Chamber of Deputies and the Senate on the budgetary implementation of the expenditure generated by this law and of its application. TRANSITIONAL ARTICLES Article 1.-Those who find themselves making use of their pre or post-natal leave to the date of entry into force of this law may make use of the parental postnatal leave provided for in Article 197 bis of the Code of Work. The provisions of the fourth, fifth and sixth points of Article 196 of the Labour Code will apply to those who find themselves making use of their postnatal leave at the date of entry into force of this law. Those who have completed their post-natal rest prior to the entry into force of this law shall be entitled to the parental post-parental leave provided for in the first paragraph of Article 197 (a) of the Labour Code, which is incorporated by the law, until the date on which the child is twenty-four weeks old. However, the worker may return to work, in accordance with the second paragraph of the said article, until the child has completed thirty weeks. The worker must give notice to her employer personally, leaving a written record, or a certified letter, in both cases with, at least, five days in advance of the date on which she will make use of the said permit. It will have to indicate whether it will make use of the right to return to work, if appropriate. In addition, private sector workers will have to send a copy of the notice to the Labour Inspectorate. Article 2.-Those who have made use of the twelve-week permit provided for in Article 200 of the Labor Code, prior to the entry into force of this law, shall be entitled to the parental post-parental leave provided for in the article. 197 bis of that Code. In this case, the parental post-natal leave shall be counted immediately from the end of the twelve-week leave period, and shall be exercised in the manner laid down in the third paragraph of the first transitional article of this law. Article 3.-Those who, at the date of entry into force of this law, are making use of a child's serious sick leave of less than one year, and who are less than twenty-four weeks old, may continue to make use of the said leave until the end of the year, enjoying the subsidy to which it originated. As long as this right is being exercised, no use of parental post-natal leave as provided for in Article 197 (a) of the Labour Code may be made. Article 4.-The greatest fiscal expenditure that this law represents during 2011 will be financed from the resources of the budget heading of the Public Treasury of the Public Sector Budget Law in force. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 6 October 2011.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Evelyn Matthei Fornet, Minister of Labour and Social Welfare.-Felipe Larraín Bascunan, Minister of Finance.-Jaime Manalich Muxi, Minister of Health.-Carolina Schmidt Zaldivar, Minister Director of the National Women's Service. What I transcribe to you for your knowledge.-Bruno Baranda Ferran, Assistant Secretary of Labor.