Chilean maternity leave lasts 30 weeks at full pay under the Código del Trabajo (Labour Code). The benefit is funded through FONASA (Fondo Nacional de Salud) or ISAPRE (private health insurer), depending on the employee’s insurance, but the employer pays the full salary during the leave and seeks reimbursement. Chile’s 30-week entitlement is among the longest in Latin America. Everything else — the pre-birth start, the extension for complications, and the post-birth job stability — flows from this core entitlement.

This guide covers Chilean maternity leave in 2026: the 30-week entitlement, FONASA/ISAPRE reimbursement, employer obligations, adoption leave, and the dismissal protections that apply during and after leave.

Key takeaways

  • Every insured employee is entitled to 30 weeks of maternity leave at full salary, under article 195 of the Código del Trabajo.
  • Leave starts 6 weeks before the expected due date and runs 24 weeks after birth, though the employee may choose when to begin.
  • The benefit is funded through FONASA (public) or ISAPRE (private), depending on the employee’s health insurance election.
  • Adoption leave grants 12 weeks of paid leave from the date of placement.
  • Job stability extends for 6 months after the end of the leave — dismissal during that period requires just cause.

The 30-week entitlement

Article 195 of the Código del Trabajo grants every female worker the right to 30 weeks of maternity leave at full pay. The leave is divided as follows:

  • 6 weeks before the expected due date.
  • 24 weeks after the date of birth.

The employee may choose when to begin leave within the 6-week pre-birth window, provided she starts no later than the expected due date. If the child is born before the expected due date, the 24 post-birth weeks run from the actual birth date and the remaining pre-birth weeks are added.

Extension for complications

If the child is born with a serious illness or disability that requires the mother’s care, the leave may be extended for an additional period determined by medical certificate. The extension is funded through FONASA or ISAPRE and carries the same job stability protections.

Worked example

Item Timing
Expected due date 15 August 2026
Earliest leave start 1 July 2026 (6 weeks before)
Actual birth date 1 August 2026
Remaining pre-birth days 14 days (2 weeks)
Total post-birth leave 24 + 2 = 26 weeks from birth

The employee receives her full salary for all 30 weeks.

FONASA and ISAPRE reimbursement

Chilean employees are enrolled in either FONASA (public health insurance) or ISAPRE (private health insurer). The maternity benefit is funded through whichever system the employee belongs to:

  • FONASA employees: The benefit is paid at the employee’s registered salary, up to the FONASA ceiling. The employer pays the full salary and seeks reimbursement from FONASA.
  • ISAPRE employees: The benefit depends on the individual ISAPRE contract. Some ISAPRE plans pay at the registered salary, others at a lower rate. The employer must cover any gap between the ISAPRE benefit and the actual salary.

The reimbursement process is managed through the respective health insurer’s portal. Employers should file promptly to avoid cash-flow delays.

Employer obligations

Chilean employers have six core duties during maternity leave:

  1. Grant the full 30 weeks — the employer cannot reduce or deny the leave.
  2. Pay full salary — the employer funds the benefit and seeks FONASA/ISAPRE reimbursement.
  3. Maintain social security contributions — AFP (pension), health, and unemployment contributions continue during leave.
  4. Respect the 6-month dismissal prohibition — termination after leave requires just cause.
  5. Provide a safe return to work — the employee returns to her original position or an equivalent role.
  6. File the reimbursement claim — within the statutory deadline with FONASA or the ISAPRE.

The 6-month dismissal protection

Article 195 of the Código del Trabajo provides that an employee who has completed maternity leave is protected from dismissal for 6 months after the leave ends. During that window, the employer may only terminate the employee for just cause related to the employee’s conduct or capacity.

If the employer terminates without qualifying cause, the employee is entitled to reinstatement or, at her election, severance calculated under the general statutory formula. Chilean courts treat the post-leave protection period seriously, and employers who terminate during this window without documented cause face significant liability.

Adoption leave

Article 195 of the Código del Trabajo extends 12 weeks of paid leave to parents who adopt a child. The leave begins on the date the child is placed with the adoptive parent and runs for 12 weeks at full salary. The adopting parent has the same job stability protections as a birth parent.

Paternity leave

Chilean law grants the father 5 days of paid paternity leave from the date of birth, under article 195 of the Código del Trabajo. This is a separate entitlement from the mother’s 30 weeks.

Common pitfalls

1. Miscalculating the pre-birth start

Some employers require leave to begin exactly 6 weeks before the due date. The employee has the right to choose when to start within the pre-birth window. Forcing an earlier start is a breach of the Código del Trabajo.

2. Failing to cover the ISAPRE gap

Employees enrolled in ISAPRE plans may receive a benefit below their actual salary. The employer must cover the difference. Failing to do so is a breach of article 195.

3. Dismissing during the 6-month protection window

The post-leave protection period is shorter than some Latin American jurisdictions but is well-enforced. Employers who terminate during this period without documented, conduct-related cause face reinstatement orders.

4. Not filing reimbursement claims promptly

FONASA and ISAPRE reimbursement claims have statutory deadlines. Late filings result in delayed reimbursements and cash-flow strain.

5. Confusing maternity leave with parental leave

Chilean law does not currently provide a separate paid parental leave beyond the 30-week maternity entitlement and the 12-week adoption leave. Any additional leave must be agreed between employer and employee.

For more Chilean context, see our guide to annual leave entitlement in Chile and the overview of the main types of leave employers manage.

Frequently asked questions

How long is maternity leave in Chile?

30 weeks — 6 weeks before the expected due date and 24 weeks after birth. The employee may choose when to start within the pre-birth window, and any pre-birth days not taken are added to the post-birth period.

Who pays for maternity leave in Chile?

The employer pays the employee’s full salary during the 30-week leave and seeks reimbursement from FONASA or ISAPRE, depending on the employee’s health insurance.

Can an employer dismiss an employee after maternity leave?

Dismissal within 6 months of the end of leave requires just cause related to the employee’s conduct or capacity. Terminating without cause triggers statutory severance.

Does adoption leave exist in Chile?

Yes. Adoptive parents are entitled to 12 weeks of paid leave starting from the date the child is placed with them.

What about paternity leave?

Fathers receive 5 days of paid paternity leave from the date of birth.

Putting it into practice

Five steps cover most Chilean maternity leave compliance:

  1. Record the expected due date and calculate the leave window, including the employee’s chosen start date.
  2. Pay the employee’s full salary for the full 30-week period and file the FONASA or ISAPRE reimbursement claim promptly.
  3. Maintain AFP, health, and unemployment contributions throughout the leave.
  4. Track the 6-month post-leave dismissal protection window on the employee record.
  5. Prepare for the employee’s return to work and reinstatement to her original role.
You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks the 30-week leave window, calculates FONASA or ISAPRE reimbursement amounts, and holds the 6-month stability period keeps Chilean maternity leave compliance on track without manual effort.

Sources

Last updated: 26 July 2026. This article is general information, not legal advice. FONASA and ISAPRE reimbursement ceilings and social security rates change annually — confirm current figures with the relevant insurer and a qualified Chilean employment lawyer.