Introduction
On July 27, 2022, Law No. 21,474 (the “Law”) was published, which extends the Postnatal Parental Leave and creates an extraordinary bonus “Chile supports winter”. This law establishes the following:
I. Extension of the Postnatal Parental Leave.
1. Workers who are making use of parental postnatal leave and whose termination occurs between May 1 and September 30, 2022, shall have the right to extend it once it has ended for the care of the child.
2. The extension shall be granted for a full day and shall be extended from the day following the end of the postnatal parental leave, for a maximum period of sixty continuous days and, in any event, until September 30, 2022.
3. The worker who is on medical leave at the time of the publication of this Law, may only request the extension once the term of such leave has expired.
4. If both parents had benefited from the postnatal parental leave, either of them, at the mother’s choice, may make use of this extension.
5. The worker who has finished his or her postnatal leave and returned to work between May 1, 2022 and July 27, 2022, and who would like to take advantage of the extension benefit, must notify his or her employer by e-mail or registered letter sent within 15 days from July 27, 2022, with a copy to the Labor Inspection.
6. During the period of extension of the parental postnatal leave, the worker will receive a subsidy, the amount and form of payment of which will be the same as that of the subsidy received for the parental postnatal leave.
7. In cases in which the worker has returned to work for half of his or her working day, the allowance derived from such extension shall be that which would have corresponded to him or her had he or she made use of the full working day leave.
8. Workers who make use of this extension shall be entitled to an extension of the leave referred to in article 201 of the Labor Code.
II. Extraordinary Chile Supports Winter Bonus.
9. A one-time extraordinary bonus is granted in favor of the beneficiaries indicated in the Law and its amount is determined by virtue of the categories indicated therein.
10. The bonus will be paid in a single installment in the month of August 2022.
11. The bonus will not constitute remuneration or income for any legal effect and, consequently, it will not be taxable and will not be subject to any discount.
Contact
Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).