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New Rules of CLT Aim to Encourage the Prevention of Serious Diseases; Understand How Paid Absence for Cancer Screening and the Management of Other Justified Absences Works.
The Brazilian labor legislation introduced an important change in the Consolidation of Labor Laws (CLT) to reinforce the incentive for preventive health. The Law No. 13,767, dated December 18, 2018, established a new right that allows employees to leave work, without any salary loss, for up to three days every 12 months to undergo preventive cancer screenings, provided that they are properly documented.
The addition of this rule in the Article 473 of CLT, which details the List of Justified Absences, is a movement by the legislator to use the employment contract as a tool for public health policy. The goal is to remove the financial and practical barrier that losing a day’s salary or scheduling difficulties can represent for the economically active population, actively encouraging early detection of malignant neoplasms. The Consolidation of Labor Laws (CLT) details the situations in which the employee can be absent, and the inclusion of Item XII (by Law No. 13,767/18) is seen as a significant social advancement.
What Does Law 13,767/18 Say About Prevention?
The Law No. 13,767/18 inserted Item XII in Article 473 of the CLT, which specifically addresses justified or excused absences. In practice, this right answers the question of how much time employees have to take care of their preventive health: they are granted up to 3 (three) days of paid absence every 12 (twelve) months of work to undergo screenings aimed at cancer detection.
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The focus is strictly on cancer prevention. This means that the leave does not apply to routine medical consultations that are not related to screenings, nor to tests or treatments for an already diagnosed cancer – the latter are governed by sick leave certificates (Law No. 605/49). The regulation, therefore, aims for the worker, who is the beneficiary, to undergo crucial procedures such as mammography, Pap smear, colonoscopy, or PSA test, without the burden of a salary deduction. The cost of up to three days of salary is considered much lower than the social and economic cost of late treatment of oncological diseases.
Proof and the 12-Month Cycle Rule
For the absence to be excused, the performance of preventive screenings must be “properly documented”. The employee must present a medical certificate or report certifying the performance of the preventive procedure. This documentation is essential, as without it, the absence is considered unjustified.
Monitoring the frequency is one of the major requirements of this law. Unlike leaves for one-time events (such as marriage or death), Item XII of Article 473, introduced by Law No. 13,767/18, requires the company – specifically the Personnel Department (DP) or Human Resources (HR) – to conduct a strict individual usage monitoring every 12 months. This control is similar to that required for blood donation, which guarantees 1 (one) day off per year. Without this monitoring, the employer risks improperly excusing absences, which may generate labor liabilities for fraud in attendance control.
Comparison: The List of Justified Absences in CLT
The law governing work relations, the CLT, presents a list of specific situations in which the employee can be absent without salary loss. It is worth knowing this complete list to understand your rights, which are detailed in Article 473 of the Consolidation of Labor Laws (CLT), the main source of this matter.
This list of excused absences is considered mainly exhaustive, meaning that justified absences are only those expressly provided for in law or in normative instruments such as Collective Bargaining Agreements (ACT/CCT). In addition to the leave for preventive cancer screenings, the most common situations include:
- Leave for Mourning (Death): Up to 2 consecutive days in the event of the death of a spouse, ascendant (parents, grandparents), descendant (children, grandchildren), sibling, or person under economic dependence. Proof is made by Death Certificate.
- Leave for Marriage: Up to 3 consecutive days due to marriage, evidenced by the Marriage Certificate.
- Paternity Leave: 5 consecutive days after the birth or adoption, which can be extended to 20 days if the company joins the Citizen Company Program (Law 11,770/08).
- Blood Donation: 1 day every 12 months of work, upon proof from the Blood Bank.
- Pre-Natal Accompaniment: Up to 6 medical consultations or complementary exams for the employee to accompany their pregnant wife or partner, as per the amendment of Law No. 14,457/22.
Gaps and Trends: Why CLT Needs to Evolve?
Although law 13,767/18 represents progress in the area of preventive health, the CLT still presents notable gaps, especially regarding family support after the birth of children or in cases of serious illnesses. The question of where the legislation falls short is crucial for social debate and for the push for new regulations.
An example of restriction is Item XI of Article 473, which limits the employee’s right to only 1 (one) day per year to accompany a child up to 6 (six) years old to a medical appointment. This regulatory disparity (in contrast with the 6 consultations guaranteed in prenatal care) is the main catalyst for dissatisfaction and legislative proposals pending in Congress. Currently, the CLT does not provide for the excuse of absences for the continuous accompaniment of children with disabilities (PCD) undergoing treatment, nor for accompanying hospitalized dependents. Several Draft Laws (PLs) seek to rectify this gap, indicating that the law tends to evolve to provide leave according to medical necessity, and not by an unrealistic fixed annual limit.
The inclusion of Item XII in Article 473, through Law No. 13,767/18, by granting up to three days of paid leave every 12 months for cancer screening exams, is an important step that reinforces the role of Labor Law as a driver of health policies. However, the strict monitoring of frequency and the restrictions on other leaves, such as accompanying children, show that the legislation is still evolving.
Is the legislation sufficient to support families in cases of illness? Do you agree with the limit of 3 days for cancer prevention exams, or do you think it should be more? Leave your opinion in the comments below; we want to know your experience and what you think about the evolution of our labor law.
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