On March 10, Act No. 21,545 was published in the Official Gazette for the promotion of inclusion, comprehensive care, and protection of the rights of people with autism spectrum disorder in the social, health, and education fields.
This Act establishes a new right for parents or legal guardians of minors diagnosed with autism spectrum disorder.
Thus, employees governed by the Labor Code, and public officials, will have the right to take time off work to attend emergencies related to the integrity of their children with autism spectrum disorder who are in preschool, elementary, or secondary education. Additionally, the employer may not qualify this absence to establish the grounds of termination for unjustified job abandonment.
It is critical to note that the time that employees spend attending to these emergencies will be considered as working hours for all legal purposes. Finally, employees have the duty to inform the respective Labor Inspection about the circumstance of having a minor under their legal guardianship, diagnosed with autism spectrum disorder.
For more information, please reach out to:
Luis Parada
DLA Piper Chile
Partner
