Permiso Legal Por Muerte De Padre
Usually, no other procedure is required, but there are companies that require approval to be justified by the presentation of the death certificate and, in some cases, even a copy of the family record book. This in case you need to perform a special procedure resulting from the death of the loved one or for any other reason such as professional, personal, mobilization, etc. If, for any reason, the company intends to reject the request for bereavement leave, the worker may lodge a complaint with the union to which he belongs. Or before the body that regulates industrial relations, which would be the Directorate of Labour. It is always advisable to seek permission and legal advice if you need it, as you have every right to do so. Do you need a lawyer? You can contact us. At Virtual.Legal, you can request an online consultation with legal advisors. We offer you all the help you need in Chile. You can use the FirmaVirtual.legal platform to send a letter or a more formal document with the electronic signature. There are companies that require this type of formality, even in such situations. The answer is no.
This is an obligation of the company and non-compliance could result in administrative penalties for the employer. Also the complaints of the employee who feels concerned by this decision. While no one is comfortable thinking about asking for bereavement leave one day, a lot has changed since March 2020. According to Chile`s Labour Code, the legal framework that governs all labour relations in that country, this benefit only applies if the deceased is the employee`s spouse, father, brother or son. Did you know that in the event of the death of a family member, you can use this permission to grieve? Well, it is good to be informed, because due to ignorance, there are still many workers who do not process it. But approval must never be shorter than the deadline set by the Labour Code, because it establishes the fundamental and inalienable rights of all workers in our country. The promotion of dignity at work and respect for the fundamental rights of workers in the social and human dimension are among the foundations of the draft, which extends the duration of workers` working leave in the event of the death of the father, mother and child during pregnancy and provides for equal leave in the event of the death of a brother or sister. The initiative states that employees have 4 days of work leave due to the death of a sibling and extend the work permit by 4 days due to the death of the employee`s father or mother. You must contact the company`s human resources department to take death leave and report the death of the loved one. If the employee requests leave due to the death of a family member, he or she must do so in writing as soon as possible. This facilitates the registration of the application and the date it was submitted.
At the same time, absence from work is justified. At this point, it`s important to emphasize that the company can`t refuse to approve the death of a family member. Chilean legislation clearly stipulates that bereavement leave takes effect on the day of death. In the event that the information about the death of the parent occurs during the holidays or during your weekly rest period, you can request permission by sending it by e-mail. You do not have to do this personally mandatory. Currently, the Labour Code provides ten consecutive days of paid leave in the event of the death of a child. The initiative also provides seven working days for the death of a child during pregnancy. In the event of foetal death, it is taken from the date of proof of death with the corresponding death certificate. Due to the increase in the number of deaths due to Covid-19, some workers have had to postpone their bereavement leave due to some setbacks.
It is advisable that this document specifies your personal data, the position you exercise and the reason for the authorization. It is not necessary to present the death certificate, except in the case of fetal death. The FBLA guarantees 2 weeks or 10 working days of unpaid leave after the death of a family member. This time should be used to plan and attend a funeral or similar funeral service as well as mourning. The FBLA previously only covered children, but Illinois recently expanded the FBLA to cover many other types of family members. Death permits must be processed almost instantly, within three days of the event that triggered them. This new reality has also led to changes in bereavement leave. The worker may have to travel or wait more days, so they will have to apply for this licence in installments or use it after cremation. Are you worried about doing it alone? You may be able to get free legal help. Bereavement leave is guaranteed by law for workers in the public and private sectors. If you are an insured employee with a covered company, FMLA offers you up to 12 weeks of unpaid leave over a 12-month period.
You can use this permission to take care of your own serious health condition. You can also use it to care for a critically ill child, spouse or parent.