Law 21.545, enacted on March 10 of this year, establishes measures for protecting and including people with Autism Spectrum Disorder (ASD) and their families in various areas such as social, health, and education.
One of the aspects to consider is the modification to the labor code by incorporating article 66 quinquies which establishes that fathers, mothers, or legal guardians of minors who are formally diagnosed with autism spectrum disorder are authorized to go to emergencies regarding the integrity of the child in educational establishments in which they attend preschool, elementary and high school.
In all legal aspects, the time spent for the attention of this emergency must be considered as worked by the employer. It may not qualify this emergency exit as untimely and unfounded or that it gives rise to a summary investigation.
The worker must notify the labor inspection that he/she is the father, mother, or legal guardian of a minor diagnosed with ASD, which according to the definition of the law are “those who present a difference or diversity in typical neurodevelopment, which is manifested in significant difficulties in the initiation, reciprocity, and maintenance of social interaction and communication when interacting with different environments, as well as in restrictive or repetitive behaviors or interests. The spectrum of significant difficulty in these areas is broad and varies from person to person.”