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2 clusters · 4 sources · 14 days · First seen · Last updated
Chile medical leave legal and fraud issues
Overview
Legal and social discussions regarding medical leave in Chile have highlighted both judicial precedents and systemic concerns regarding fraud.
The Supreme Court of Chile ruled that retroactive medical licenses can be used to justify work absences, overturning a lower court decision. The court determined that the Labor Code does not require employees to communicate the cause of an absence beforehand to justify it via a medical license.
Concurrently, public perception suggests significant issues with the system, with a survey indicating that 47% of respondents believe it is easy or very easy to obtain unjustified medical leave through various illicit means. While the total number of electronic medical leaves issued decreased between May 2025 and April 2026—following investigations into public employees violating rest periods—fraud remains a major concern. Recent investigations led to the conviction of 17 individuals involved in an organization that caused losses exceeding $48 billion CLP to Fonasa through false licenses.
Entities
Universidad Andrés Bello · Emergia · Contraloría General de la República · Fonasa · High Court of Justice of Galicia
Timeline
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[HEALTH] 2 sourcesChile survey shows 47% believe medical leave is easy to obtain
A UNAB-Ipsos survey shows 47% of Chileans believe obtaining unjustified medical leave is easy, despite a 20% drop in total issuances following fraud investigations and Contraloría audits.
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[BUSINESS] 2 sourcesChile Supreme Court rules retroactive medical licenses can justify absences
Chile's Supreme Court ruled that retroactive medical licenses can justify work absences, noting that labor law does not require prior communication of the cause of absence to the employer.
Sources
actualidadjuridica.doe.cl · g5noticias.cl · noticias.unab.cl · observatoriorh.com