Legal Alert: Special permission for parents of minors with autism spectrum disorder

March 23, 2023 | By Luis Parada and Iñaki Irisarri

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 contact:
Luis Parada  

* This report provides general information on certain legal or commercial issues in Chile, and is not intended to analyze in detail the matters contained herein, nor is it intended to provide specific legal advice on such matters. The reader is advised to seek legal advice before making any decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part without the prior consent of DLA Piper Chile.