On November 15, 2022, the Senate approved the extension of the emergency postnatal period until December 31, 2022. The regulation will become effective once it is published in the Official Gazette. Also, on the same day, Law No. 21,498 was published, which establishes telecommuting or teleworking for pregnant women in the cases indicated.
I. EXTENSION OF THE POST NATAL PERIOD
The leave will be granted on a full-time basis and will 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 December 31, 2022. The law contemplates the following requirements and conditions for the benefit to be effective:
- If the parental postnatal leave has already ended and the worker returned to work between October 1, 2022 and the entry into force of this law, and she wants to take advantage of the extension benefit, she must notify her employer by e-mail or registered letter sent within 15 days after the entry into force of this law, with a copy to the Labor Inspection.
- Workers who at September 30, 2022 requested the extension and due to the terms have not completed the total of 60 continuous days, may make use of the remaining days and, until completing the 60 days referred to all events, until December 31, 2022, by notifying their employer by e-mail or registered letter within 15 days following the entry into force of this law, with a copy to the Labor Inspection.
- Workers who are using parental postnatal leave and whose termination occurs between October 1 and December 30, 2022, will have the right to request its extension. The decision to exercise this right or to return to work at the end of the parental postnatal leave must be communicated in writing by e-mail or registered letter to the employer at least 5 working days before the end of the leave, with a copy to the Labor Inspection. In the event that the above term is not complied with, it is understood that the extension benefit has been granted.
– If the employee was on medical leave, he/she will only be able to enjoy this extension once the term of such leave has expired.
– If both parents have taken postnatal parental leave, either of them, at the mother’s choice, may make use of this extension.
Employer’s obligations:
– The employer must communicate to the entity paying the subsidy the employee’s decision to make use of this right, within a period not exceeding 3 working days following the date of receipt of the notice, failure to do so will be sanctioned in accordance with the provisions of art. 208 of the Labor Code.
Fuero:
Those who make use of this extension will have the right to an extension of the leave of absence referred to in Article 201 of the Labor Code for the time in which they have made use of this benefit.
II. OBLIGATIONS LAW 21.498 ON TELEWORKING FOR PREGNANT WOMEN
The law amends the final paragraph of Article 202 of the Labor Code.
What assumption is necessary? That the authority declares a state of constitutional exception of catastrophe, public calamity, or a sanitary alert, on the occasion of an epidemic or pandemic due to a contagious disease.
What is the new obligation of the employer? The employer must offer the pregnant worker, during this period, the modality of telecommuting or teleworking, without reduction of remuneration, to the extent that the nature of her duties allows it and the worker consents to it.
What happens when the work is not compatible with teleworking or telecommuting? The employer, with her agreement and without reducing her remuneration, shall assign her to work that does not require contact with the public or with third parties who do not perform functions in the workplace, provided that this is possible and does not involve any detriment to the worker.
Contact
Catalina Malgarejo – cmalgarejo@guerrero.cl
Macarena Griffin – mgriffin@guerrero.cl
