For INSS insured persons who are denied sickness benefit with proof that they can return to fulfilling their labor services, it is extremely important to know what are the ideal procedures to be followed in case of denial of the benefit.
What this article covers:
What happens if sick pay is denied?
Commonly, when the insured person is denied sickness benefit, he is obliged to return to his work as soon as possible, or rather, immediately.
If the insured person presents a health situation that does not present any conditions to efficiently provide his/her labor services, the recommended thing to be done in this situation is to inform the company of his/her work about the INSS decision on the sickness benefit so that the necessary procedures for this.
What can cause sickness benefit to be denied?
There are a wide variety of reasons why the sickness benefit is denied to the insured person, which are:
- Lack of Insured Quality;
- Lack of grace period;
- Absence of a Labor Incapacity;
- Submission of a Medical Certificate that is not optimal with the Terms of INSS🇧🇷
So that the sickness benefit is not denied, it is recommended that the insured person contributes regularly and fulfills the 12-month grace period for the INSS.
In addition, the insured must present a medical report proving that he is unable to perform any type of work with the necessary information about the doctor and the number of days away from the insured.
In this way, it is possible that sickness aid will be granted to the insured person.
Who pays the salary if sick pay is denied?
Those responsible for paying the sick pay, in case of denial of the benefit, are the employee’s company and the INSS.
It is the company’s obligation to pay the salary to the employee within the first 15 days after leaving work, while the INSS is responsible for paying the salary after the 16th day of leave.
Do you need to take a return-to-work exam after sick pay?
Yup. It is necessary that the employee’s return to work exam be carried out after sick pay on the first day of work in relation to the period of leave of at least 30 days.