Labour Directorate ruling · 22 October 2026

Pregnancy loss: seven working days' leave regardless of gestational age

The Labour Directorate clarifies the scope of Article 66 of the Labour Code and the documentation required for this leave.

Administrative ruling: Labour Directorate Ruling No. 487 of 22 October 2026. Interprets an existing rule.

The development

The Labour Directorate confirmed that paid leave for the death of an unborn child covers seven working days, regardless of the number of weeks of pregnancy. It begins when fetal death is documented through the corresponding certificate.

References in the technical health standard under Law No. 21,371 cannot expand, restrict or condition the employment right established in Article 66.

Practical significance

Businesses should review their leave procedures and avoid requiring a minimum gestational age not established by law. The process should protect privacy and facilitate submission of the certificate.

Primary sources

Published by Piracés Abogados · 26 October 2026. General information: its scope must be assessed in light of the circumstances of each matter.