Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating in Chile. Understanding the specific regulations set forth by Chilean labor law is essential for employers to ensure they are meeting their obligations and providing employees with their statutory rights. These regulations cover a range of leave types, from mandatory annual vacation to specific provisions for sick leave, parental leave, and other circumstances.
Navigating these requirements can be complex, especially for international companies expanding into the Chilean market. Familiarity with the minimum entitlements, required documentation, and payment obligations for each type of leave is key to maintaining compliant and effective human resource operations within the country.
Annual Vacation Leave
In Chile, employees are entitled to a minimum amount of paid annual vacation leave. This entitlement accrues over time and is subject to specific regulations regarding its use and payment.
- Minimum Entitlement: Employees are entitled to 15 working days of paid annual vacation after completing one year of service with the same employer.
- Accrual: The right to vacation accrues daily from the start of employment.
- Usage: Vacation days must be taken consecutively, although exceptions can be made by mutual agreement between the employer and employee for splitting the vacation period.
- Payment: The employer must pay the employee their regular salary during the vacation period. An additional payment equivalent to the average of variable remuneration (like commissions or bonuses) earned in the last three months must also be included.
- Accumulation: Employees can accumulate vacation days for up to two consecutive periods, meaning they can take up to 30 working days in the third year, provided they did not take vacation in the second year. Any accumulated days beyond this limit may be lost if not taken.
- Termination: If the employment relationship ends before the employee has taken their accrued vacation, the employer must compensate the employee for the untaken days.
Public Holidays
Chile observes a number of public holidays throughout the year. Employees are generally entitled to a paid day off on these dates. If an employee is required to work on a public holiday, they are typically entitled to premium pay.
Here is a list of public holidays observed in Chile in 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 18 | Good Friday |
| April 19 | Holy Saturday |
| May 1 | Labour Day |
| May 21 | Navy Day |
| June 2 | Battle of La Concepción (Observed) |
| June 29 | Saint Peter and Saint Paul (Observed) |
| July 16 | Our Lady of Mount Carmel |
| August 15 | Assumption of Mary |
| September 18 | Independence Day |
| September 19 | Army Day |
| September 20 | Glorias del Ejército (Observed) |
| October 31 | Reformation Day |
| November 1 | All Saints' Day |
| December 8 | Immaculate Conception |
| December 25 | Christmas Day |
Note: Some holidays may be moved to the nearest Monday if they fall on a weekend, as per specific legislation.
Sick Leave
Employees in Chile are entitled to sick leave when they are unable to work due to illness or injury. This leave is supported by a medical certificate and involves specific payment procedures.
- Entitlement: There is no statutory limit on the number of sick days an employee can take, provided each instance is justified by a medical certificate (licencia médica).
- Medical Certificate: A valid medical certificate issued by a registered healthcare professional is mandatory to justify sick leave. The certificate specifies the duration of the leave.
- Payment: Payment during sick leave is handled by the employee's health insurance provider (either FONASA or an ISAPRE) or the social security institute (INP/IPS), not directly by the employer.
- Waiting Period: Generally, payment for sick leave starts from the fourth day of absence. The first three days are typically unpaid unless the collective bargaining agreement or individual contract states otherwise, or if the leave is for more than 10 days consecutively or is an extension of a previous leave.
- Benefit Calculation: The sick leave benefit is calculated based on the employee's average income over the last three months.
Parental Leave
Chilean law provides comprehensive parental leave benefits, including maternity, paternity, and adoption leave, designed to support parents during the arrival of a new child.
- Maternity Leave:
- Duration: 30 weeks in total. This includes 6 weeks of prenatal leave (before the expected due date) and 24 weeks of postnatal leave (after the birth).
- Payment: During maternity leave, the employee receives a subsidy paid by the social security system, calculated based on her average income.
- Postnatal Extended Leave (Postnatal Parental Leave): After the initial 24 weeks of postnatal leave, the mother has the option to take an additional 12 weeks of full-time leave with a subsidy cap, or 18 weeks of part-time leave (working half days) with a partial subsidy. This extended leave can be transferred to the father.
- Paternity Leave:
- Duration: 5 working days of paid leave. This leave can be taken continuously from the birth of the child or distributed within the first month following the birth.
- Payment: Paid by the employer.
- Adoption Leave:
- Duration: Similar to postnatal leave, the primary caregiver (mother or father) is entitled to 24 weeks of leave from the date the child is entrusted for adoption.
- Payment: Paid via a social security subsidy, similar to maternity leave. The postnatal extended leave options also apply.
| Type of Leave | Duration | Payment Source | Notes |
|---|---|---|---|
| Maternity (Prenatal) | 6 weeks | Social Security Subsidy | Before expected due date |
| Maternity (Postnatal) | 24 weeks | Social Security Subsidy | After birth |
| Postnatal Extended | 12 weeks (full-time) or 18 weeks (part-time) | Social Security Subsidy | Can be transferred to the father |
| Paternity | 5 working days | Employer | Can be taken continuously or distributed within the first month |
| Adoption | 24 weeks (from entrustment) + Extended options | Social Security Subsidy | Applies to the primary caregiver |
Other Types of Leave
Beyond the primary categories, Chilean labor law and common practice recognize other specific circumstances that may require employees to take leave.
- Bereavement Leave: Employees are entitled to paid leave in the event of the death of a close family member. The duration is typically 7 calendar days for the death of a child or spouse/civil partner, and 3 working days for the death of a parent or sibling.
- Leave for Union Activities: Employees who are union representatives are entitled to time off for union duties as stipulated by law or collective agreements.
- Leave for Jury Duty: Employees summoned for jury duty are entitled to the necessary time off.
- Leave for Voting: Employees are entitled to time off to vote during elections.
- Study Leave: While not a statutory entitlement for all employees, some collective bargaining agreements or company policies may provide for paid or unpaid leave for employees pursuing further education or training relevant to their job.
- Sabbatical Leave: Sabbatical leave is not a statutory right in Chile but may be offered by employers as part of their benefits package, typically for long-serving employees for purposes of rest, study, or research. The terms are subject to agreement between the employer and employee.
