Maternity Leave Protection in Chile
Chilean law bars dismissing a pregnant or post-natal employee without a judge's prior authorization — we act for employees whose job security was ignored, and for employers who need that authorization done correctly.
What this involves
Fuero maternal is job-security protection that attaches automatically from the day a pregnancy begins and continues until one year after post-natal leave ends. During that window, an employer cannot lawfully end the employment relationship without first asking a labor court for authorization — a procedure called desafuero — and proving one of the specific grounds the Labor Code allows. A termination letter sent without that authorization has no legal effect, whatever reason it gives.
We represent employees dismissed in violation of this protection, and we represent employers who have a genuine ground and need the desafuero procedure handled correctly from the first filing. Both sides face firm procedural deadlines, and getting the first step wrong is expensive either way.
What we handle
Dismissal during fuero
Representing employees dismissed without the required judicial authorization, claiming reinstatement or payment of remuneration for the protected period that remains.
Desafuero requests
Filing and arguing the employer's petition to a labor court for authorization to end the contract of a protected employee, on a recognized legal ground.
Post-natal subsidy and pay
Resolving disputes over remuneration and subsidy payments during the pre- and post-natal periods, including with the health insurer.
Harassment during pregnancy
Acting where a pregnant employee faces hostile treatment, a reassignment used as pressure, or other conduct meant to force a resignation.
Employer protocols
Designing internal procedures so a company handles pregnancy notifications, leave and fuero correctly from the first case onward.
How we run this for a client abroad
Assessment first
You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.
Power of attorney
Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.
We file, you get updates
Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.
Maternity Leave Protection — common questions
What English-speaking clients ask us most about this specific service.
Can a pregnant employee be dismissed in Chile?
What is a desafuero request?
Does the father get any protection?
I was let go while on maternity leave — what are my options?
Talk to a Chilean lawyer about maternity leave protection
Get an initial assessment in English — confidential, with no obligation.
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