How long is sick leave in Brazil?

In Brazil, sick leave is subject to several provisions:

• A supported employee can take sick leave whenever necessary, provided a valid medical report is presented.
• Sick pay is available for up to 15 days for supported employees who cannot work due to a non-work-related injury or illness.
• Employees are entitled to up to 3 days per year for cancer preventive exams, given that proof of the exams is submitted.
• In the instance of a non-criminal abortion (miscarriage), upon confirming the miscarriage with a medical report, a female employee is entitled to a 2-week rest period and maternity pay equivalent to 2 weeks of work. This payment is provided by social security.

What are the eligibility rules for sick leave in Brazil?

In Brazil, an employee is eligible for sick leave without any limitations provided they present a valid medical report. Employers are not permitted to deduct absences from the employee's paycheck when a valid medical report is submitted.

To qualify for sick pay from Social Security in Brazil, the employee must:

• Have at least 12 months of contributions. This condition is waived if the absence results from any type of accident, regardless of whether it is work-related.
• Pregnancy or HIV infection exempts employees from the 12-month contribution requirement.

Additional conditions include:

• Employees on social security benefits for sick leave may have to undergo periodic medical examinations.
• Employees might be required to participate in vocational rehabilitation if they are unable to resume their prior job positions.

How is sick leave payment calculated in Brazil?

In Brazil, the payment for sick leave is structured as follows:

• The employer is responsible for paying the supported employee their regular salary for the first 15 days of sick leave.
• Starting from the 16th day of sick leave, the payment responsibility shifts to Social Security, which will then cover the employee's salary.

It is important to note that even after Social Security takes over the payment of the supported employee's salary from the 16th day, the employer remains responsible for:

• Employer burden
• Outstanding allowances
• Vacation provisions
• Other benefits

Additionally, if the sick leave is work-related, the employer must continue to pay the FGTS (Fundo de Garantia do Tempo de Serviço, or Severance Indemnity Fund for Employees).

What is the process for applying for sick leave in Brazil?

In Brazil, the process for applying for sick leave consists of the following steps:

• Employees are entitled to 15 consecutive days of sick leave, during which they must provide proof of incapacity from any physician of their choice. The employer is responsible for paying the employee's salary during this period.

• From the 16th day onwards, employees have the right to request payment from the Social Security (Instituto Nacional do Seguro Social or INSS). Proof of incapacity must be provided by a physician from the social security system.

• Under certain Collective Bargaining Agreements (CBAs), the employer may need to supplement the social security benefits to ensure that the supported employee receives adequate financial support during their absence due to illness.