SUSESO clarified the criteria regarding territoriality and compliance with rest periods during medical leave.
On July 13, 2026, the Superintendency of Social Security (SUSESO) issued Ruling O-01-DFS-02925-2026, clarifying the criteria for territoriality and compliance with bed rest during sick leave.
The agency established that, in order to guarantee the right of oversight by the competent entities (COMPIN or Isapre), the prescribed rest period must be strictly observed within the national territory.
The ruling stemmed from a request by a municipality seeking to resolve an issue raised in an administrative proceeding.
Specifically, the municipality inquired about the territoriality criteria for medical leaves and whether there was any express prohibition on international travel during the duration of such leaves.
In this regard, the Superintendency noted that, while it is medically justified and advisable for workers on sick leave due to psychiatric conditions to engage in recreational activities outside their homes, in all other cases, doing so constitutes a violation.
Thus, the ruling states that:
“(…) leaving the country during medical leave constitutes a violation of the rest period specified in the medical leave certificate, even when the medical leave is prescribed to treat a psychiatric condition, since leaving the country prevents the competent authorities from exercising their oversight powers, and travel abroad during medical leave is only permissible when there is a need to undergo a medical procedure related to the treatment of the condition in question abroad”
Thus, SUSESO reaffirms that travel outside the country that is not strictly necessary to undergo a medical procedure indicated for the respective condition or justified by the type of medical leave violates the system’s right to oversight and monitoring.
Consequently, in the event of such a violation, the relevant COMPIN or Isapre must reject or invalidate the medical leave already granted to the worker.
For more information on these issues, please contact our Labor Group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Director Labor Group | jaros@az.cl
Felipe Neira | Senior Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
Manuel Sepúlveda | Associate | msepulveda@az.cl
Catalina Díaz | Associate | cdiazp@az.cl
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