The subject “sickness allowance” can be a sensitive point of conversation between employers and employees, since the Labor Laws can be misinterpreted and end up removing the employee without real need.
However, it is the Labor Laws that guarantee workers their right to leave work when necessary to take care of their health, and that they can do so without worrying about losing their job.
What this article covers:
What is job stability when on sick leave?
Sickness allowance, now called temporary disability allowance, is a right guaranteed to all formal workers and INSS taxpayers. Guarantees employee leave to take care of health while being paid (both by Social Security and by the boss).
The benefit exists because of the common — albeit illegal — practice of firing employees who have returned from their furlough. Employee layoffs happen even if it is unfair to the worker. With post-sickness stability, the employee is assured that he will not be dismissed after returning to activities until he is able to reestablish himself within the company.
Stability, however, can only be applied in case of accidents or illnesses acquired through the work environment.
Can the company fire after returning to work?
In cases of common illnesses (illnesses that are unrelated to your job), yes, you can. And if the worker is fired after returning to activities, he will be entitled to FGTS for the period he was away, job stability and even health insurance.
Dismissals that occur before or during the stability period for the aid must pay indemnities provided for by labor legislation.
Who is entitled to job stability?
All employees who have suffered from some type of accident in the work environment, or even illnesses that may have been acquired through the work environment, are entitled to the stability of sickness benefit.
Illnesses such as RSI (Repetitive Strain Injury), musculoskeletal disorders, dermatoses, deafness and any other that may arise through the work performed guarantees the stability of the sickness allowance. More serious illnesses, such as cancer, AIDS or terminal illnesses, do not guarantee the stability of the sick pay because they were not acquired at work.