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Employment & Labor

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

01

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.

02

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

03

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?
Not without a judge authorizing it first. Chilean law grants job-security protection (fuero maternal) from the start of pregnancy until one year after post-natal leave ends. An employer who dismisses without that prior judicial authorization must reinstate the employee or pay her remuneration for the entire remaining protected period.
What is a desafuero request?
It is the judicial authorization an employer must obtain before terminating a protected employee, based on one of the specific grounds listed in the Labor Code. The labor court hears the employee before deciding, and without this authorization any dismissal is legally ineffective.
Does the father get any protection?
Yes, in defined situations tied to the shared post-natal parental leave, the father can also hold fuero during part of that period. Whether it applies depends on how the leave was allocated between the parents.
I was let go while on maternity leave — what are my options?
You can demand immediate reinstatement to your position or the equivalent in remuneration for the protected period that remains, and separately pursue a claim for violation of fundamental rights if the circumstances support it. Acting quickly protects both the remedy and the evidence.

Talk to a Chilean lawyer about maternity leave protection

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00