Chile: Main Amendments to the Insurance for the Accompaniment of Children Suffering from Serious Diseases

Law 21.063, published in December 2017, created insurance for the accompaniment of children suffering from some diseases, such as cancer, solid organ transplants, terminal phases, and serious accidents.

In 2023, this law was amended by Law 21.614, enforced since September of this year, which amplified the contingencies protected by the insurance of serious illness requiring hospitalization in an intensive care or intermediate treatment unit for children over one year old and under five years of age.

The amending law also provides that in the event of the death of one of the parents, the surviving parent will be entitled to use all the days of permission that would have corresponded to the deceased. The same is established when one of the parents is absent, including such parent convicted of domestic violence.

Other relevant modifications included in this amendment are:

• The medical permits for employees with children with the illnesses indicated by the amended law are increased from 15 to 30 days, and for the cases contemplated for serious illness requiring hospitalization (recently incorporated) there will be terms of 15 days.
• Increasing from 90 to 180 days the duration of the permit for employees who have a child with cancer within a period of twelve months counted from the beginning of the first medical license. As for part-time permits, the 30 days are increased to 60 days.
• A special situation is included when the authority declares a state of constitutional exception of catastrophe or a sanitary alert, allowing the Superintendent of Social Security to increase the duration of the permit by up to 90 days.
• Finally, labour protection is established for a period of 180 days after the expiration of the last medical license for employees on accompanying permission whose children are in the following situations: cancer, solid organ and hematopoietic progenitor transplants, terminal phase, and serious accident with risk of death or serious and permanent functional sequelae.
• Regarding the financial administration of the funds, it is established that the income received will be deposited monthly in a single account that will be kept by the Employers’ Mutual Benefit Societies and the Labour Security Institute. The financial administration of the Fund will be the responsibility of the Employers’ Mutual Benefit Societies and the Labour Security Institute, among others.

Thus, companies will have to bear in mind the newly incorporated cause and the new terms applicable to the permits recognised by the time they organise their productivity as well as promote quality life balance. Likewise, it will be necessary to review the general regulation issued by the Superintendent of Labour Security to have a complete idea of the administration of the resources related to this insurance.