We invite you to read the column written by our partner Jorge Arredondo, where he discussed the new law regulating medical leave and its impact on labor matters.
On May 24, 2025, the Executive enacted Law No. 21,746, which, in the midst of the controversy over the more than 25 thousand civil servants who have left the country while on medical leave, introduces a series of amendments to the law on the granting and use of medical leave.
The purpose of the initiative is to strengthen the powers of the regulatory and supervisory bodies, as well as to establish the administrative and criminal sanctions indicated in the aforementioned law.
Unfortunately, the problem related to the crisis caused by the issuance of medical licenses, which are not consistent with a health situation that produces temporary incapacity to work, has caused havoc not only in the public sector, but also in the various industries of the private sector.
While it is true that the bulk of the enacted regulation focuses on the control of doctors who issue medical licenses, as well as the different agencies involved in the process, labor relations governed by the Labor Code are inevitably involved in different aspects, particularly from the point of view of the validity of a medical license with respect to which there may be doubts about its origin.
With the new regulations, the COMPIN, an institution that on many occasions rejects medical leave for unjustified rest, under the new law, may request complementary reports or additional background information on the diagnosis on which the rest order is based. In this regard, the professional may even be required to attend a hearing to clarify aspects regarding the granting of the medical leave or leaves of absence, which could be decisive in labor matters, given the amount of background on which the COMPIN’s decision would be based.
Additionally, a robust investigation procedure is established, according to which the Superintendence of Social Security, ex officio or at the request of a party – COMPIN, FONASA, ISP or any individual – will initiate an investigation procedure in the event that a professional issues one or more leaves with no medical basis or with the absence of a pathology that produces temporary incapacity for work. This procedure is of interest to the employer not only from the perspective of its initiation, but also, in the event that the procedure proves the issuance of one or more licenses without medical grounds, employers must be notified with respect to the beneficiaries involved.
This is consistent with the amendment introduced by this same law to article 220 of the Penal Code (which originally regulates the penalties for the physician who issues false certification), including an offense whose perpetrator may be a worker who makes use of the false medical leave to justify one or more absences. Specifically, the new final paragraph of article 202 of the Penal Code establishes that the following penalties will be imposed: “whoever maliciously uses false documents, regardless of the manner in which they were obtained”.
Finally, it establishes the maintenance of a website with an anonymous reporting system for the misuse of medical licenses and a public registry of the sanctions applied in accordance with the investigation procedure previously discussed. Such information and registry, both in relation to sanctions, suspensions and average license issuance, will be governed by principles of publicity and visibility, which should facilitate the consultation of such sources by interested third parties, such as employers.
This new law marks a key advance in the control of the use of medical leave, with implications that reach both the public and private sectors. But, beyond the control over the doctors who issue them, the regulation has a direct impact on labor relations. The challenge, then, is twofold: to apply the law rigorously and, at the same time, to promote a labor culture based on integrity and the responsible use of health-related rights.
Column written by:
Jorge Arredondo | Partner | jarredondo@az.cl
