Postnatal Parental Leave Application Chile

The Postnatal Parental Leave Application Chile (Solicitud de Permiso Postnatal Parental) is a formal notice document governed by Article 197 bis of the Código del Trabajo, introduced by Ley 20.545 of 2011, that allows a working mother to exercise her right to an additional 12-week postnatal parental leave period following the mandatory 12-week postnatal leave under Article 196, and to optionally transfer up to 6 weeks of that period to the father of the child. This application notifies the employer, the Comisión de Medicina Preventiva e Invalidez (COMPIN) — for workers covered by FONASA — or the corresponding ISAPRE of the worker's chosen modality for the postnatal parental period.

The Ley 20.545/2011 reform fundamentally restructured maternity leave in Chile by adding the permiso postnatal parental as a third phase of the maternity protection framework, following the prenatal leave (reposo prenatal) under Article 195 and the postnatal leave (reposo postnatal) under Article 196. The 12-week postnatal parental period is funded through the Seguro de Cesantía system administered by the Administradora de Fondos de Cesantía (AFC) as a maternity subsidy (subsidio maternal), calculated on the basis of the worker's average remuneration over the preceding 24 months, subject to a monthly cap of 66 UF (Unidades de Fomento — approximately CLP 2,508,000 in 2025) established by Article 197 bis inciso 16.

Article 197 bis establishes two modalities for the postnatal parental leave period. Under the full-time modality (modalidad de permiso completo), the mother takes the entire 12-week period away from work, receiving the full subsidy equivalent to her average remuneration. Under the part-time modality (modalidad de permiso a jornada parcial), the mother returns to work at 50% of her regular schedule from the sixth week onward, extending the total leave period to 18 weeks — she receives 50% of her subsidy plus 50% of her regular remuneration from the employer.

The transfer to the father (traspaso al padre) is one of the most significant features of the permiso postnatal parental. Under Article 197 bis inciso 6, the mother may transfer the last weeks of the postnatal parental period to the father — up to 6 weeks in the full-time modality, or up to 12 weeks in the part-time modality. The father must be employed and covered by social security to receive the transferred period. The transfer is irrevocable once notified to the employer and the COMPIN or ISAPRE. The father's employer must also be notified at least 10 working days before the start of the transferred period.

The Dirección del Trabajo has issued Ordinarios clarifying the procedural requirements for valid postnatal parental leave applications. The worker must submit written notice to the employer at least 30 days before the start of the postnatal parental period, specifying the chosen modality and whether any weeks will be transferred to the father. The COMPIN or ISAPRE must receive a copy of the application to administer the subsidy payments through the Caja de Compensación or directly, depending on the worker's affiliation. Failure to provide timely notice does not forfeit the worker's right to the leave but may affect the subsidy payment timeline administered by the Superintendencia de Seguridad Social (SUSESO).

A Postnatal Parental Leave Application Chile is needed in every situation where a working mother exercises her right to the 12-week postnatal parental period under Article 197 bis of the Código del Trabajo following the completion of the mandatory 12-week postnatal leave under Article 196.

The application is required when the mother chooses the full-time modality — remaining absent from work for the entire 12-week postnatal parental period. The worker must notify the employer at least 30 days before the end of the postnatal period so the employer can plan for the continued absence and manage the subsidy administration through the AFC and SUSESO.

The application is needed when the mother elects the part-time modality under Article 197 bis, returning to work at 50% of her schedule from the sixth week while extending the total leave to 18 weeks. This election requires a formal written notice specifying the intended start date of the part-time return, which must be coordinated with the employer to comply with Dirección del Trabajo Ordinario requirements.

The document is required when the mother decides to transfer weeks of the postnatal parental period to the father. The transfer notice must be submitted simultaneously to both employers — the mother's and the father's — and to the COMPIN or ISAPRE. The AFC calculates the father's subsidy separately based on his own contribution history. Without proper written notification, the father's subsidy payment may be delayed by the Caja de Compensación processing the benefit.

The application is also needed for workers employed in the public sector (funcionarias públicas) covered by the Estatuto Administrativo (Ley 18.834) and the Estatuto Administrativo para Funcionarios Municipales (Ley 18.883), both of which incorporate Article 197 bis protections. Public sector workers must submit the application to their jefatura directly and to the corresponding COMPIN for benefit processing.

A valid Postnatal Parental Leave Application Chile under Article 197 bis of the Código del Trabajo must contain the following essential elements to ensure timely processing of the subsidy by the AFC, COMPIN, or ISAPRE.

Worker Identification: Full legal name, RUT (Rol Único Tributario), cédula de identidad number (Servicio de Registro Civil e Identificación), and domicile of the requesting worker. The worker's AFP affiliation (AFP Habitat, AFP Provida, AFP Capital, AFP Cuprum, AFP Modelo, or AFP Uno) and health insurance provider (FONASA or ISAPRE) must be specified for correct benefit routing by the Superintendencia de Seguridad Social (SUSESO).

Employer Information: The full legal name (razón social), RUT, and address of the employer, along with the name and title of the authorized representative who will receive the notice. For public sector entities, the service name (nombre del servicio) and division (repartición) must be identified.

Child Information: Full name of the child, RUT or birth registration number (número de inscripción de nacimiento) from the Servicio de Registro Civil e Identificación, and date of birth. The child's date of birth anchors the calculation of the leave periods under Articles 195, 196, and 197 bis.

Leave Period Dates: The exact start and end dates of the prenatal leave (reposo prenatal, Article 195), postnatal leave (reposo postnatal, Article 196), and the postnatal parental period (Article 197 bis). The postnatal parental period begins immediately after the 12th week of postnatal leave and must be accurately calculated to avoid gaps in benefit payments processed by the AFC.

Modality Election: A clear statement of whether the worker elects the full-time modality (modalidad completa — 12 weeks away from work) or the part-time modality (modalidad parcial — 50% schedule for 18 weeks) under Article 197 bis. For the part-time modality, the anticipated return date and the reduced schedule (days and hours per week) must be specified to allow the employer to manage payroll for the half-salary component.

Transfer Declaration: If the mother elects to transfer weeks to the father, the application must specify the number of weeks transferred, the name and RUT of the father, and the name and RUT of the father's employer. The transfer is subject to the limitation of Article 197 bis inciso 6 — maximum 6 weeks in full-time modality, or maximum 12 weeks in part-time modality. A copy must be delivered to the father's employer no later than 10 working days before the start of the transferred period.

Medical Documentation: Reference to the medical certificate (certificado médico) or maternity subsidy form issued by the obstetrician or midwife confirming the birth and the end of the postnatal leave period. COMPIN and ISAPRE require this documentation to authorize the postnatal parental subsidy payments under the procedures established by the Superintendencia de Seguridad Social (SUSESO) Circular IF/No. 57.

Subsidy Calculation: While not required on the form itself, workers should note that the postnatal parental subsidy under Article 197 bis is calculated by the AFC based on the average of the 24 monthly remunerations preceding the start of the prenatal leave, subject to the monthly cap of 66 UF (approximately CLP 2,508,000 in 2025). Workers may use the AFC subsidy calculator at www.afc.cl to estimate their benefit amount before submitting the application.

Forms-legal.com provides this Postnatal Parental Leave Application Chile template as a starting point. Workers should confirm specific procedural requirements with their COMPIN, ISAPRE, or the Dirección del Trabajo's InfoLaboral platform before submitting the application.