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Chile

Vacation and Leave Policies

Understand the regulations on vacation and other types of leave in Chile

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Holiday leave

In Chile, employees are guaranteed paid vacation leave under the Labor Code, provided they meet certain eligibility criteria.

Entitlement

As per Article 67 of the Labor Code, employees are entitled to 15 working days of paid annual leave after they have completed one year of continuous service.

Accrual

Vacation leave is accrued over time. Employees are not permitted to take their entire leave entitlement at the beginning of their employment period.

Eligibility

All employees become eligible for paid annual leave after completing their first year of service with their employer.

Scheduling

The specific timing of annual leave should be mutually agreed upon by the employer and the employee, keeping in mind the company's operational needs.

Increased Entitlement

Article 68 of the Chilean Labor Code states that after ten years of service (continuous or not), employees are entitled to an additional day of vacation for every three years worked.

Special Provisions for Specific Regions

Employees working in the 11th and 12th regions of Chile, as well as in the province of Palena, are entitled to a basic vacation period of 20 days.

Unused Leave

As per Article 70 of the Labor Code, vacation time can be accumulated for up to two consecutive years.

Collective Agreements

Collective bargaining agreements may provide for more generous vacation leave entitlements than the minimum requirements set forth in the Labor Code.

Record Keeping

Employers are required to maintain accurate records of employees' vacation leave accrual and usage.

Public holidays

Chile celebrates a variety of secular, religious, and historical holidays throughout the year.

Secular Holidays

  • New Year's Day (January 1st): This day marks the beginning of the Gregorian calendar year.
  • Labor Day (May 1st): This day is dedicated to honoring the contributions of workers.
  • Navy Day (May 21st): This day commemorates the naval Battle of Iquique in 1879.
  • National Unity Day (First Monday in September): This day is set aside to celebrate national unity.
  • Army Day (September 19th): This day honors and commemorates the Chilean Army.
  • Discovery of Two Worlds Day (October 12th): This day marks the anniversary of Christopher Columbus's arrival in the Americas in 1492.
  • Election Day: This day is held during national or municipal elections.

Religious Holidays

  • Good Friday (March/April): This day commemorates the crucifixion of Jesus Christ. The dates change annually.
  • Easter Sunday (March/April): This day celebrates the resurrection of Jesus Christ. The dates change annually.
  • Feast of Saints Peter and Paul (June 29th): This day celebrates Saints Peter and Paul.
  • Assumption Day (August 15th): This day commemorates the Virgin Mary's bodily assumption into heaven.
  • Reformation Day (October 31): This day is an observance commemorating the Protestant Reformation.
  • All Saint's Day (November 1st): This day honors saints and martyrs within the Christian faith.
  • Immaculate Conception (December 8th): This is a Catholic holy day celebrating Mary's sinless conception.
  • Christmas Day (December 25th): This day celebrates the birth of Jesus Christ.

Types of leave

In Chile, the primary law governing leave entitlements for employees is the Chilean Labor Code. There are various types of leave available to employees, each with its own set of rules and regulations.

Annual Leave

Employees are entitled to 15 working days of paid annual leave after completing one year of continuous service. All employees are eligible for this leave after completing their first year of service with their employer. Leave accrues throughout the year and cannot be taken in advance. Employers and employees should mutually agree upon vacation timing, taking into consideration the company's operational needs and the employee's preference for rest. After ten years of service (continuous or not), employees gain an additional day of vacation for every three years worked.

Sick Leave

Employees are entitled to paid sick leave with a valid medical certificate. The amount of paid sick leave depends on the length of service. Generally, a medical certificate is required to substantiate sick leave.

Maternity Leave

Female employees are entitled to 6 weeks of prenatal leave and 12 weeks of postnatal leave. Women receive their full salary during maternity leave, paid through the social security system.

Paternity Leave

Fathers are entitled to 5 working days of paid paternity leave following the birth or adoption of their child.

Other Types of Leave

Employees are typically granted a short leave period in the event of the death of a close family member. The Labor Code does not explicitly specify bereavement leave, but it may be covered under special personal leave provisions or collective agreements. Employees who are enrolled in qualified educational programs might be eligible for study leave. In some circumstances, employees may negotiate unpaid leave with their employers, subject to mutual agreement.

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