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Employer
Obligations
- Pay for the First 15 Days: Employers are required to pay
the employee’s full salary for the first 15 days of sick leave. This
payment is considered part of the employee’s regular wages and must be
made on the same schedule as their normal salary.
- Verify Medical Documentation: Employers must verify that
the sick leave is supported by proper medical documentation. This
typically involves a medical certificate provided by the employee, which
must detail the nature of the illness or injury and the recommended
period of leave.
- Reporting to INSS: If the sick leave extends beyond 15
days, employers must report the situation to the INSS. This is necessary
for the employee to begin receiving sickness benefits from the social
security system. The employer is also responsible for ensuring that the
employee has completed all necessary paperwork to receive these
benefits.
- Job Security: During the period of sick leave, the
employee’s job must be protected. Employers cannot terminate an
employee’s contract simply because they are on sick leave. Any attempt
to do so can result in legal penalties and potential lawsuits.
Employee
Rights and Obligations
Employees
also have specific rights and obligations regarding sick leave:
- Notification of Employer: Employees must notify their
employer as soon as they become aware that they need to take sick leave.
This notification should be accompanied by a medical certificate, which
must clearly state the reason for the leave and the expected duration.
- Medical Certification: To qualify for paid sick leave,
employees must provide a medical certificate. For the first 15 days,
this certificate is submitted to the employer. If the leave exceeds 15
days, a different certification process is required by the INSS, which
may involve additional medical evaluations.
- INSS Sickness Benefits: If the sick leave extends beyond
15 days, employees must apply for sickness benefits through the INSS.
The amount paid by the INSS is typically 91% of the employee’s average
salary over the last 12 months, subject to certain caps. The benefit
continues until the employee is medically cleared to return to work or
until they transition to another type of social security benefit, such
as disability.
- Returning to Work: Upon returning to work, employees may
be required to undergo a medical examination to confirm that they are
fit to resume their duties. This examination can be conducted by the
company’s occupational health service or by the INSS, depending on the
circumstances.
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