See how the worker should act and what his rights are when diagnosed

In the past few weeks, you or someone close to you must have already had the new flu, but do you know what to do about it? Well here you will find What are the rights of an employee with influenza?. Read on!

Since they are exposed daily to the most diverse viruses on their way to and from work, it is conceivable that many employees would fall ill in the process. In general, Brazilian labor laws state that workers who fall ill have the right to leave without any money being deducted from their paycheck. This is valid for diseases such as flu and cold as well as more serious diseases. However, in these cases, it is necessary to provide a certificate that officially proves that it is necessary to stay at home.

For Covid-19 cases, specifically, the legislation varies. Since it is a serious and highly contaminated disease, a simple display of a positive test result is sufficient in this case and the employee can stay at home for up to 14 days. If that period happens to pass, workers with Covid-19 need to provide a certificate. This is because, since then, it is considered that it is INSS, not the company, who will pay the salary of this employee. Therefore, it is important to have this medical document.

Attempt to change rights

This idea of workers’ right to take up to 14 days of leave was recently enshrined in decrees 19 and 20 of 2020. However, President Jair Bolsonaro is trying to make changes to this provision.

The Ministry of Welfare and Labor stated in a note that “isolation periods are technically assessed to ensure safe and healthy working environments.” This volume is under the leadership of Minister Onyx Lorenzoni.

So far, it is not known what the final change will be, but it is important to pay attention to the news. Also because the tendency is, in fact, to change these rules, which can happen at any time.

In short, whether it’s the flu, a cold or Covid-19, what has not changed is that a worker who gets sick has a full right to time off, and the employer cannot offer any kind of deduction or change in that employee’s salary. However, you must bring or submit a medical certificate to prove that you are sick.

Thus, the employer himself will be able to analyze the situation. If the need to stay at home exceeds 15 days, the employee begins to receive directly from INSS. Remember to consult your trusted doctor if you develop any new symptoms.