How does the law protect motherhood?

How does the law protect motherhood?
It grants rest rights, subsidies and privileges to all pregnant workers, grants working parents a rest for the birth of the child, and rights and subsidies for the worker or worker who takes care of a minor, among others.

What type of companies must comply with maternity protection?
All public and private companies and institutions, including shopping centers and malls. And in all the branches or works that the establishment, company or service owns.

As a working mother, what breaks am I entitled to?

  • Prenatal: six weeks before delivery.
  • Postnatal: twelve weeks after delivery.
  • Parental postnatal: twelve or eighteen weeks (depending on whether the mother stays at home or if she returns to work part-time) after the postnatal just mentioned.

Can pre and post natal permits be extended?
Yes, in the following cases:

  • Supplemental prenatal rest: in case of illness during pregnancy.
  • Extended prenatal rest (late delivery): in case the delivery occurred after the prenatal rest (6 weeks). This rest will extend until the birth of the child and from that date the postnatal rest will be counted.
  • Supplemental postnatal rest: in case of illness as a consequence of childbirth.
  • If the boy or girl is born before week 33 of gestation, or if he is born weighing less than 1,500 grams, the postnatal rest will be 18 weeks.
  • In case of multiple births, the rest is extended seven days for each child from the second.
  • If these two circumstances occur simultaneously, the break will be the longest.

All these cases must be accredited by certificates from the treating physician.

As a parent, do I have any rights?
Yes, the rights of the father are:

  • Five-day paid leave in the event of the birth of a child, which you can use at your choice from the moment of delivery in consecutive days, or distribute them within the first month from the date of birth.
  • Five-day paid leave in case the adoption of a child is granted, counted from the final judgment that granted him the right.
  • Parental postnatal leave, if the mother decides to transfer weeks, being able to transfer a maximum of six weeks to full time; But if the mother decides to take 18 weeks part-time, she can transfer a maximum of 12 weeks to part-time. In both cases, the weeks used must be the final weeks of the rest period and there will be the right to a subsidy based on their salaries with a ceiling of 66 UF.
  • Right to a nursery maintained or financed by the company where they work, if it is already required from the employer (that is, if there are already 20 or more female workers in the company) and if, by court ruling, they have been entrusted with the personal care of a child under two years of age.
  • In the event of the mother’s death during childbirth or the period after it, the father shall comply with the postnatal leave or the rest of it for the care of the child, the maternal jurisdiction and the corresponding subsidy.

If I adopt a child, am I entitled to maternity protection?
Yes, all the rights of maternity leave and allowances also apply to cases of adoption, guardianship or personal care of minors, provided that the corresponding judicial resolution is presented.

In what other cases can I make use of maternity protection?

  • The working mother has the right to leave and allowance, in case of serious illness of children under one year of age. If both parents are workers, either of them, at the mother’s choice, is entitled to leave and allowance.
  • The worker who is in charge of the care of a minor, for having been judicially granted custody or personal care as a protection measure, or by virtue of the provisions of articles 19 or 24 of Law No. 19,620(adoption law), you will have the right to parental postnatal leave.

If the minor is less than six months old, there will be a 12-week postnatal right plus parental postnatal leave.

  • The working mother has the right to a permit of ten ordinary working days per year, distributed at the worker’s choice in full, partial or combined days, when she has a child under 18 years of age with a serious accident or with a terminal illness in its final phase or serious, acute illness with probable risk of death (accredited by a certificate issued by the doctor in charge of the minor’s care).
  • If both parents are workers, either of them, at the mother’s choice, has the right to leave.

The hours must be restored by the worker by imputation to his next annual holiday (vacation) or working overtime, or in the manner agreed by the worker and employer.

What is the maternal jurisdiction?
The right of every working woman not to be fired by her employer, but with the authorization of the competent judge, who may only grant it in cases of the following causes: expiration of the agreed term, conclusion of the work or service that gave rise to the contract or facts attributable to the worker’s conduct.
In the event that the father makes use of the parental postnatal leave, he will also enjoy labor jurisdiction. This jurisdiction lasts for a period equivalent to twice the duration of your permit, counting from the ten days prior to the start of its use. The jurisdiction of the father may not exceed three months.
The jurisdiction also applies in the case of adoptions and also applies to the personnel of the Armed Forces, Carabineros and the PDI.

How long does the maternal jurisdiction last?
The entire pregnancy period and up to one year after the maternity leave (postnatal period) has expired.

Can I be fired during the pre and post natal period?
No, the employer cannot legally fire her during the respective maternity breaks that correspond to her, except if her employer has judicial authorization.

And if I am fired during the maternal jurisdiction, where and when can I claim?
Before the Labor Courts within 60 business days from the day of dismissal.

During the pre and post natal periods, do I continue to receive my wages or income?
Yes, you receive a maternal allowance that is equivalent to all of your remuneration and the allowances you were receiving, with a cap of 73.2 UF. Only the corresponding provisions and legal discounts will be discounted.
If you return to work part-time during your parental postnatal period, you will be entitled to half of the allowance of what would have corresponded to you if you had taken full-time rest, and at least 50% of the remuneration established in the employment contract. job.
If you return to work part-time during your parental postnatal period, you will be entitled to half of the allowance of what would have corresponded to you if you had taken full-time rest, and at least 50% of the remuneration established in the employment contract. job.

How is the maternity allowance calculated?
For dependent workers, it is calculated on the average of the salaries, subsidies or both that you have received in the last three months prior to the prenatal leave.
For independent workers, the calculation basis considers the average of the incomes, subsidies or both, that have been received in the six months immediately prior to the prenatal leave.

Can my employer make my hiring conditional on being pregnant or of childbearing age?
No, no employer can condition the hiring, or require certificates that prove this situation when hiring a woman.

When do I have the right to a nursery?
When you work in a company that employs twenty or more workers of any age or marital status. Or in commercial, industrial and service centers or complexes, administered under the same company name or legal personality, whose establishments occupy, among all, twenty or more workers.

Should my employer build a nursery at the same company, or does he have other options available to him?
Your employer has 3 options:

  • Maintain or build adjoining rooms independent of the workplace, but owned by the company.
  • Jointly maintain a nursery with other employers.
  • Designate and pay for an external nursery, which has the authorization of the National Board of Kindergartens (Junji).

If I don’t like the company’s nursery, can I require my employer to pay for an external nursery?
No, if the employer maintains or pays for a particular nursery, you must bring your child to that nursery. Otherwise, you will have to pay for it yourself.

When I return to work after the postnatal period, can I request permission to leave to feed my children?
Yes, there is the right to food for children up to 2 years. Working mothers have one hour a day to feed their children. This right can be exercised in the following ways to be agreed with the employer:

a) At any time during the working day
b) Dividing it, at the request of the interested party, into two blocks of half an hour each.
c) They can also delay entry or advance departure by half or an hour.

Who supervises the implementation of maternity protection?
The Directorate of Labor. In the specific case of nurseries, the entity in charge of the inspection is the National Board of Kindergartens (Junji).

Are there sanctions for those who do not comply with the maternity protection standard?
Yes, the infractions include fines from 14 to 70 UTM, a fine that is doubled in the event of a repeat offense.


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