LEY NÚM. 21.409

ESTABLISHED A REPARATORY DISCHANGE FOR WORKERS AND WORKERS OF HEALTH WHO INDICAL, IN RECONOCANCE TO THE WORKING WORKSHOP DURING THE COVID PANDEMY-19

Bearing in mind that the H. National Congress has given its approval to the following bill initiated in a motion by the deputies and deputies Karol Cariola Oliva, Boris Barrera Moreno, Juan Luis Castro González, Ricardo Celis Araya, Miguel Crispi Serrano, Diego Ibáñez Cotroneo, Claudia Mix Jiménez, Patricio Rosas Barrientos, Guillermo Teillier Del Valle and Víctor Torres Jeldes,

Bill:

"Article 1.- Reparatory rest benefit. For the purposes of this Act, the sole and exceptional benefit referred to as "reparatory rest" shall be granted to the staff referred to in Article 2. This benefit will consist of fourteen working days of rest. The time during which staff have made use of the benefit set out in this article will be considered as effectively worked for all legal effects, will be compatible with the use of holidays and permits, and may be used immediately before or after them. Such staff may make use of this benefit during the three-year period from the date of publication of this Act, in accordance with the following articles.

Article 2.- Universe of beneficiaries and general requirements for accessing repair rest. In order to be entitled to the reparatory rest of article 1, the beneficiaries, at the time of impetration of the benefit, must have been continually performing in one of the institutions listed in the following numerals since 30 September 2020 and be in service to the date of publication of this law. Such continuity will not be affected by the use of licenses and permits regulated in the Part II of Book II of Labour Code, on "Protection to Maternity, Paternity and Family Life", for the use of parental preventive medical leave due to COVID-19 disease or unpaid leave of the tenth second paragraph of the article 4contained in article 1 of the Law No. 21.247. The beneficiaries must also have a day equal to or more than eleven hours a week, and have been appointed or hired, as appropriate, in accordance with any of the following laws: Law No. 15,076, whose consolidated, coordinated and systematized text was set by the Decree No. 1, 2001 of the Ministry of Healthfor the purposes of the present law, for the purposes of the present law, to be understood to be incorporated into the article 43 of the aforementioned decree with force of law; of the staff regulations governing the personnel of the institutional hospitals of the Armed Forces and the Forces of Order and Public Security, and of the dependents of CAPREDENA, DIPRECA, such as the Naval Hospitals, the Clinical Hospital of the Chilean Air Force or the Hospital of Carabineros; to Law No. 18,834, on Administrative Statute, whose text was consolidated, coordinated and systematized Decree No. 29 of 2004 of the Ministry of Financeto the Act No. 18.883which approves the Administrative Statute for Municipal Officials; Law No. 19.378which establishes the Statute of Primary Health Care, or the Law No. 19.664which establishes special rules for professional officials indicating health services and amends Act No. 15,076; or staff regulations governing staff in institutional hospitals, whether they provide services in plant or contracting positions. It also includes staff engaged in fees and those subject to the contractual regime of the Labour Code, as appropriate. It will include those who provided services either in presence or by alternating the presenceal work modality with distance or telework. For the purposes of this subparagraph, beneficiaries shall be engaged in one of the following entities:

1. Staff serving in any of the public health facilities of the Health Services network identified in the article 16 of Decree No. 1, 2005 of the Ministry of Health; at the National Health Services System and the Chilean Public Health Institute.

2. The staff of the pilot health establishments created by decrees with force of law Nos. 29, 30 and 31All of the year 2000 of the Ministry of Health.

3. The staff of institutional hospitals.

4. The staff of the Clinical Hospital of the University of Chile.

5. Staff serving in municipal primary health care establishments and municipal health management entities, governed by Act No. 19,378, which establishes the Statute of Municipal Primary Health Care.

6. The staff of the regional ministerial health secretariats, provided that they have performed specific duties, work or services: control; testing; health customs; health tables; health residences; patient transport and presenceal care of internal and external users, whether they were their usual functions or were assigned to them to cope with the COVID-19 pandemic.

For this purpose, the respective regional ministerial health secretary shall establish the payroll with the above-mentioned staff, by resolution exempt and within sixty working days from the date of publication of this Act.

7. The staff of the Directorates of Health Services, who were assigned functions on the occasion of the COVID-19 pandemic in the clinical or patient care; the care of users and also of officials; and the monitoring teams of care networks at all levels of care. For this purpose, each director of a Health Service shall establish the payroll with the above-mentioned staff, by means of a free resolution and within sixty working days from the date of publication of this Act.

In the case of those who exercise their responsibilities in the Assistant Secretary-General ' s Office of Assistance Networks and the Under-Secretary for Public Health, such a rest shall be accorded to those who have served in managerial, professional, technical, administrative or auxiliary positions. In this case, the benefit of "reparatory rest" will be for seven working days. For this purpose, each Assistant Secretary shall, as appropriate, establish the payroll of beneficiaries through a resolution exempt and within sixty working days from the date of publication of the Act, taking into account the work that was specially recharged to deal with the COVID-19 pandemic.

For those who have performed functions, jobs or services in any of the institutions mentioned in the previous numerals and in the work described above, in the exclusive modality of teleworking, they will be granted the benefit of "reparatory rest" for seven working days. For this purpose, each superior chief of service or the regional secretary of health, as appropriate, shall establish the payroll of beneficiaries, by means of a free resolution, which shall be issued within sixty days of the date of publication of this law.

Article 3.- General rules for the use of repair rest. Those wishing to make use of the rest of this law shall require it by means of the procedure under which the use of a legal fair is requested, and shall indicate the period of use of the Act and if it is exercised in a fractional or continuous manner. The hierarchical superior of the appropriate institution may anticipate or postpone the use of rest, always on a substantial basis, when the needs of the service so advise. Once the request for the use of the repair rest has been received, it must respond within a period not exceeding three working days after the rest was formally requested. This benefit in no case may be denied discreetly.

Reparatory rest days that are entitled to under this law, while in force, may be used in any of the institutions covered by Article 2.

For the purpose, staff who fail to provide their services in the entity that gave the right to repair shall credit the days of rest corresponding to the new entity in which it operates, provided that it is included in the entities specified in article 2. For this purpose, the former hierarchical superior, at his request, shall issue the corresponding certificates.

Reparatory rest of this law may only be impetened by staff who are serving in the institutions covered by article 2.

Article 4.- Good service operation. Each senior service chief or regional health secretary, as appropriate, shall adopt the necessary measures to ensure that the exercise of the rest referred to in Article 1 does not affect the continuity of service or implies a disproportionate recharge of work for the rest of the work team.

Article 5. Exclusions. Staff members who are exclusively trusted by the President of the Republic or of the authority authorized to perform the appointment shall not be entitled to restitution, of those who indicate the article 7 Law No. 18,834, Administrative Statute, whose consolidated, coordinated and systematized text was set by the Decree No. 29 of 2004 of the Ministry of Finance; those who have been appointed by the High Public Service System; those who provide legal services of fees with a monthly gross income equal to or greater than the 2nd grade of the Single Remuneration Scale; and those who suffered some high-risk conditions under which they ceased to exercise their functions or duties in a face-to-face manner during the pandemic, and were these incompatible with the remote or telework modality.

Article 6.- Health statement incompatible with charge and qualification as a professional disease. For the effects of Act No. 16,744which establishes rules on accidents of work and occupational diseases, diagnosis of the COVID-19 disease or determination of close contact of the beneficiaries indicated in the article 2, must be qualified as a professional or of work origin by the respective administering agency or the company with delegated administration. The above, except when it is proved that the contagion of such disease or the situation of close contact was not due to its work, which must be duly justified by the respective administering agency or the company with administration delegated in the report on the basis of the qualification of the pathology, in accordance with the instructions provided by the Superintendency of Social Security.

For the period of one year, on the date of publication of this law, for the staff entitled to reparatory rest established by the law, the medical licenses granted by confirmed case, declaration of close contact or suspicion of COVID-19 shall not be considered for the calculation of the six months referred to in the article 148 of the Act No. 18.883 approved by the Administrative Regulations for Municipal Officials, the first paragraph of the article 151 Law No. 18,834, Administrative Statute, the consolidated, coordinated and systematized text of which was established by the Decree No. 29 of 2004 of the Ministry of Financeand the letter (g) article 48 of the Law No. 19.378which establishes the Statute of Primary Health Care.

For this purpose, health personnel who invoke the above paragraph shall authorize the competent authorities to know the diagnosis under which the respective medical licences were granted.

Transitional arrangements

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, January 17, 2022.- SEBASTIÁN PIÑERA ECHENIQUE, President of the Republic.- María Teresa Valenzuela Bravo, Minister of Health (S).- Rodrigo Cerda Norambuena, Minister of Finance.- Patricio Melero Abaroa, Minister of Labour and Social Security.

Transcribing for your knowledge Law No. 21.409 - 17 January 2022.- By order of the Undersecretary of Public Health.- He presents his compliments to you, Marcelo Olivares Pacheco, Chief (S) of the Legal Division, Ministry of Health.