At the beginning of March, President Gabriel Boric promulgated Law 21,545, better known as the “TEA Law”, which proposes a substantial change in the country’s outlook regarding people with Autism Spectrum Disorder, especially girls, children and adolescents.
In this sense, one of the most significant and important changes in the law is related to the possibility that mothers, fathers and/or guardians of NNA TEA can go to emergencies, with a legally guaranteed permit. The foregoing, since the law added a new article 66 quinquies to the Labor Code, thus establishing the permit.
The legal permit enshrines the following characteristics:
- Applies to (i) dependent workers governed by the Labor Code, (ii) workers governed by Law No. 18,834 (Administrative Statute) and (iii) workers governed by Law No. 18,883 (Administrative Statute for Municipal Officials).
- Workers who are fathers, mothers or legal guardians of minors duly diagnosed with autism spectrum disorder will be authorized to attend emergencies regarding their integrity in the educational establishments in which they attend their pre-school, basic or secondary education.
- The time that these workers allocate to the attention of these emergencies will be considered as worked for all legal purposes and the employer will not be able to classify this exit as untimely and unjustified to establish grounds for job abandonment (letter a) of number 4 of article 160 ) or as the basis of a summary investigation or an administrative summary.
- It is established that the worker must notify the Labor Inspectorate of the respective territory regarding the circumstance of having a son, daughter or minor under their legal guardianship, diagnosed with autism spectrum disorder.