The medical certificate is a document used to justify and compensate the absences of an employee of your service due to some incapacity for work due to illness or accident.
You dlabor rights it is one of the areas in which doubts are most recurrent. Among them, one that is not frequently addressed is the medical certificate.
Professionals from all sectors and companies use it. It helps employees to do not lose their salary of those days that needed to be absent.
However, this right is still arouses many doubts in workerss that can benefit from it and even employers.
The subject is the responsibility of the Human Resources sectors of the companies and the acceptance of the certificates presented depends on some requirements according to the legislation.
Therefore, there are many questions related to the theme, which seems simple, but is subject to several variables.
To help your company deal with this situation, we present a small overview on the topic. Good reading!
What is a medical certificate
O medical certificate is a tool that guarantees the worker the remuneration of the paid day, in case the absence was due to health problem. The receiving company cannot dispute the employee's hours or day.
This condition is in art. 6, letter “f”, of law 605/49, whose text establishes that, if the employee misses work due to cause of illness, duly attested, will not lose the salary and the Remunerated Weekly Rest.
Main doubts about the medical certificate
1. What does the CLT say about the subject?
THE Consolidation of Labor Laws (CLT) brings some hypotheses about the use of medical certificate as a way of proving the absence from work.
O Decree 27.048 / 49 which approves the regulation of Law 605/49, in its article 12, paragraph 1 and 2, provides that the forms of allowance for absences shall be proven with a certificate issued by a company doctor or designated and paid by the company.
In addition, medical certificates private individuals, as manifested by the Federal Council of Medicine, should not be refused, except if favoritism or falsehood in its issuance is recognized.
Also according to the Law, the absence without justification will result in the loss of the day's remuneration and also the loss of the remuneration for weekly rest.
2. Is there a deadline for the delivery of the certificate?
CLT does not establish a deadline for the employee to present his certificate for justify his absence from work.
However, due to the omission of the law, the employer may, by means of internal regulations, set a deadline for delivery, if there is no collective rule on the issue.
O term must be reasonable and the employer can vary it according to the specifics of each case, for example, considering the number of days off.
CLT advises that the employee has common sense and, whenever possible, give advance notice of any departure. In cases where it is not possible to give personal notice, it is still possible for the certificate to be delivered by someone on behalf of the employee (such as family member, spouse or friend).
3. Can the company refuse a valid medical certificate?
If medical certificate really valid, the corporation can only refuse it and do not pay wages, if you can prove by means of a medical board that the worker is fit for the job.
This is what establishes the opinion 15/95 of the Federal Council of Medicine. The refusal of a certificate is justified only if it is contradicted by medical board.
The company has the right to require a new evaluation by your doctor. If there is no agreement with the certificate issued previously, the company's doctor must perform a new examination and substantiate his decision by means of a new certificate.
4. What is required for your approval?
According to the law, in order for the certificate to be accepted, it must be issued preferably by a doctor from the company or from your insurance company.
Next are the Social Security institution, social service and public network. Only last, in private consultation.
5. Is there a limit for the presentation of certificates?
There is no limit on the number of submissions medical certificates per annum. However, the days of leave paid by the organization go even in the maximum 15 days for the same disease. Thereafter, the removal payment must be made by Social Security.
6. Are routine appointment certificates valid?
In such cases, as they are not considered urgent, it is expected that the employee will choose a consultation outside of office hours.
However, even in these hypotheses, the Law 605/49 makes no distinction, the medical certificate is valid and should not be refused.
7. Is the certificate of attendance to the dentist valid so that there are no discounts?
When the visit to the dentist is an emergency, the certificate is accepted according to any other, as it has the same validity as the medical certificate.
Routine treatments now follow the same line as routine appointment certificates.
If they can be done outside working hours it is recommendable. However, cannot be refused if the employee proves that he was absent for oral health treatment.
8. Can the employee be absent to accompany parents or children to the doctor?
The law does not directly guarantee this right to professionals.
Therefore, the company is under no obligation to pay for the absence of its employee. This should be pre-agreed between employer and employees.
9. What happens if the employee presents a false medical certificate?
When the company suspects validity of the certificate, may request clarification from those responsible.
Employees should prove authenticity, since the practice of false attestation is a crime provided for in articles 297 and 302 of the Penal Code.
If the fraud is confirmed, the company can dismiss the employee for cause according to article 482 of the CLT, for trust, good faith and loyalty have been broken.
In addition, it is possible to open a police inquiry to ascertain responsibility for falsehood. In situations where the doctor is involved in the fraud, the case must still be referred to the appropriate representative to the regional Council of Medicine for the establishment of PAD – Disciplinary Administrative Procedure.
10. What can the employee do if his hours are discounted even with a valid certificate?
To avoid this type of situation, the employee must only deliver the certificate upon receipt, that is, keep a copy.
If the company refuses to pay the hours, the professional can use his / her copy of the certificate and complain to the Syndicate category or to Superintendence of the Ministry of Labor. Ultimately, you must apply for payment before the Labor Court.
Through this material, you managed to realize that the medical certificate takes into account certain circumstances. Therefore, it must be taken seriously by the company and its employees.
Count on the help of your HR team to control the receipt and validation of all certificates so that your company can make payments correctly.
Do you still have any questions about the matter that have not been clarified? Tell us in the comments.