/ New Chilean law grants employees a permit to perform medical exams

On last September 20, of this year, came into force Law N ° 20.769 amending the Labor Code granting female and male employees a permit to perform mammography and prostate exams, respectively.

The new Article 66 bis was added to the Labor Code that provides male workers over fifty years of age and female employees over forty, whose employment contracts are for a term exceeding thirty days, a half day permit (in addition to the time needed for transportation) once a year, to undergo prostate and mammography exams, respectively.

In case a fixed term employment is executed, or the employment contract was agreed only to complete a defined task or service, such right may be exercised after thirty days of the celebration of the employment agreement, and at any time during the term thereof.

For purposes of exercising this right, workers must give a notice to the employer at least one week prior to the undergoing the exams and afterwards sufficient proof of their realization. If workers are part of a collective instrument that considers a similar permit as this one, the employer will be in compliance with the legal obligation by granting said permit. The permit shall not be subject to compensation, and any written agreement on the contrary will be considered null and void.

Francisco Espinoza

Andrés Dighero

Labor Law Practice Area

Alessandri Attorneys at Law