The southern country has some of the most advanced regulations regarding vaccination permits, death of family members, marriage, and other matters.
We all know that if an organization wants to manage human capital strategically, it must recognize the importance of balancing productivity with employee well-being. For example, this includes employee rights that allow time off from work, as they foster a positive work environment and boost organizational commitment. In the long run, this approach increases the potential for reducing employee turnover and strengthening corporate reputation.
In Chile's specific case, there are three relevant permits established by the Labor Code: marriage or civil union, vaccination, and death of a family member.
"If the standard is not complied with and the worker is familiar with Chilean labor regulations, they file a complaint with the Labor Directorate, and there the inspection mechanisms, fines, and everything else that is appropriate when the employer doesn't pay attention are initiated," Marta Meneses, manager of the Labor Department at the consulting firm Auditeris, explained to AméricaEconomía . Meanwhile, during non-waivable holidays, the Directorate does actively oversee organizations' compliance with the regulations.
On the other hand, the vaccination permit is notable because it is only valid for half a workday, which can be controversial for some workers due to logistics and potential wait times during mass vaccination campaigns. But for Meneses, this could be easily resolved.
"The permit also establishes that the employer must consider the employee's travel time. If he or she is two hours away from the nearest vaccination site, the employer must take this into account when granting the permit," the lawyer added.
Regarding other key leave options, the one related to marriage allows the employee to be absent to celebrate the event and complete the corresponding procedures without loss of pay. The employee must give their employer 30 days' notice and submit the marriage certificate within 30 days of the ceremony.
It should be noted that these days are added to annual leave and cannot be compensated in cash. Furthermore, the leave must be taken from the date of the marriage, or on the days immediately before or after, at the employee's discretion.
For its part, family bereavement leave establishes paid regimes with varying durations depending on the relationship. If a child dies, there are ten calendar days of paid leave; if it's a spouse or civil partner, it's seven days; if it's an unborn child, seven working days; and if it's a father, mother, or sibling, four working days. In this regard, Meneses points out that the existence of these rules must be complemented by the protection of unions to ensure they are respected.
"These unions have a great responsibility to educate and inform workers about their rights. Furthermore, the union can promote greater leave and flexibility for staff and joint committees, as well as better health and safety standards." The specialist believes that Chilean legislation has made substantial progress in granting work permits, highlighting recent ones such as parental postnatal leave, which grants up to six months of leave to mothers.
