Work is the main source of income for almost everyone. It is from him that we draw our sustenance. Precisely because of this, when we move away for any reason, everyone is affected in some way. The worker, who has his income reduced and the employer, who loses in productivity.
Some INSS numbers prove this. A study, carried out between 2012 and 2018, points out that more than 520,000 Brazilians received sick pay. This number represents a total of 40,000 lost work days.
When the employee is absent for more than 15 days, he starts to receive the INSS benefit, which follows a calculation that only provides him with the minimum to survive. That is, the salary is lower than usual. In these six years, according to this survey, the Institute’s expenses with the benefits were R$ 26 billion.
The numbers only prove that when workers are unable to carry out their activities, everyone loses. The worker with reduced income, the INSS with expenses and companies with a lack of manpower.
But since we are talking about human beings, we are all subject to going through a situation like this. However, there are some more common ones.
Want to know what they are? Then keep reading our article.
What is work leave?
Leave of absence means that the employee cannot go to work for some justified reason guaranteed by law. This can happen for a certain period and he will not have any damage to the payment.
The rules, rights and duties of this type of leave are provided for in several articles of the Consolidation of Labor Laws (CLT) . As long as the worker proves the reasons for this absence.
Otherwise, he will be subject to unjustified absences and the employer may deduct the days not worked from the payroll. Documents or medical certificates must be presented to the company on the first working day after your return.
In most cases, this removal happens due to health problems or accidents. Among the main causes of leave are diseases related to the work environment and the activity performed.
– What does the CLT say about absence from work?
There are several situations of removal provided for by the CLT. It could be for its own reason or as a result of other problems.
Even outside the company, if this absence is justified, the employee will receive the salary normally, as if he were working.
In addition to providing the reasons for removal, the CLT also determines average deadlines for each of them, provided that they are duly justified. Let’s see the main ones:
– Death of spouse, ascendant, descendant and sibling – two consecutive days;
– Your own wedding – three consecutive days;
– Blood donation – one day, every 12 months;
– Electoral enlistment – up to two days;
– Entrance exams – two days;
– Party or witness in court – the time required;
– Military service – as long as necessary;
– Accompany the child up to six years old to the doctor – one day, every 12 months;
– Accompany wife or partner to the doctor during pregnancy – up to two days;
– Paternity leave – five days.
Reasons for leaving work
According to INSS data, back pain leads the ranking of diseases that cause the absence of workers in organizations. This scenario has been repeating itself in the last 10 years. It is already the third cause of disability retirement.
In second place is the fracture in the leg, as well as the ankle. Next, the fracture of the wrist and hand.
Another data, from the WHO, shows that 40% of low back pain evolve into more serious problems, leading to reduced productivity and even disability.
– Absence due to illness or accident
It happens when the employee is sick or has suffered some kind of accident that prevents him from working . The employer covers this period for up to 15 days, paying your salary normally.
After that time, this responsibility becomes the National Institute of Social Security (INSS). For this, the worker must undergo a medical examination, which will assess the case and grant the leave for the time necessary to comply with the treatment.
However, this query is not immediate. The employee must schedule it according to the availability of the body. But normally, 15 days after the consultation, he should receive a document stipulating the date of removal, the amount he will receive as salary.
To be discharged and return to work, he must undergo a new medical examination.
– Disability leave
This type of absence from work happens when the employee proves that he is unable to continue working . This can happen partially or completely.
In that case, the employment contract will be suspended and he will be retired due to disability. His salary becomes the responsibility of the INSS, which must calculate the amount to be paid.
Disability leave usually happens in extreme cases, because after the process is completed, the worker will no longer be able to carry out any type of professional activity.
It is important to remember that disability retirement only happens after the expert finds this permanent incapacity of the insured person. Otherwise, he continues to receive sickness benefit.
– Maternity leave
This benefit is guaranteed by the Constitution to all pregnant workers who contribute to the INSS. The law allows leave of absence from work, for 120 days, without loss of wages.
The deadline can be extended to 180 days, if the company consents and participates in the Citizen Company Program. The benefit can be requested 28 days before delivery, or up to 92 days after the birth of the child.
In private companies, the mother-to-be must submit documentation to the human resources sector.
In other cases, this is done directly at the INSS. In addition to salary, all other rights, such as collective bargaining and 13th salary, are guaranteed for workers with a formal contract.
For those who are not registered, but contribute to Social Security, the salary will be proportional, as long as they have been contributing for more than ten months.
In cases of special insured persons, such as rural workers, their remuneration will be related to a monthly minimum wage. Today this value is set at R$ 1,212.00.
– Leave of absence due to mental disorders
But workers are not absent for long periods just because of physical illnesses, but also because of mental disorders, such as anxiety and depression .
According to the WHO, more than 18 million Brazilians live with anxiety, 9.3% of the population, placing the country as a leader in the ranking of the disease.
The same happens with depression , which affects 5.8% (12 million people), leading Brazil to have the highest rate in Latin America. These diseases affect both men and women, causing withdrawal from activities.
