This constitutes a “breach of the rest period indicated in the medical certificate,” which is grounds for rejecting or invalidating the medical certificate granted to the member.
On November 4, 2025, the Social Security Superintendency (SUSESO) issued Ruling No. 152.465-2025, which challenged the decision to authorize a 15-day medical leave for a member.
In addition to the above, the claimant argues that it was found that the member failed to comply with his medical rest, which is grounds for rejecting the medical leave. Specifically, the claimant points out that the member was granted medical leave from April 7, 2025, to April 21, 2025.
Despite this, and contrary to the proper observance of medical rest, it was found that the member benefiting from the medical leave, who is a doctor by profession, issued an outpatient care voucher for April 9, 2025, for the benefit of a third party, that is, on the third day of the fifteen days of medical leave during which the member was required to rest.
On this understanding, and noting that it is important to prove that the provision of services to third parties was verified during the period of validity of the medical license, and therefore, of the rest prescribed by the physician, SUSESO maintains that in this particular case it was proven because “the validity section of the document is blank, which implies that the voucher could only be used on the same day it was issued, that is, April 9, 2025, the date on which the member (a doctor by profession) was on sick leave for 15 days, from April 7, 2025, to April 21, 2025.”
For SUSESO, this inevitably implies a violation of the provisions of Article 55(a) of Supreme Decree No. 3 of 1984 of the Ministry of Health, in the sense that it constitutes a “breach of the rest period indicated in the medical leave,” which is grounds for rejecting or invalidating the medical leave granted to the member.
Finally, SUSESO upheld the complaint filed by the claimant and ordered the subcommittee to confirm the rejection of the leave that was the subject of the complaint.
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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