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CLT Worker Can Miss Work in Specific Situations Without Salary Reduction as Long as They Provide Justification According to Labor Law
The labor law in effect in 2025 allows the formally employed worker up to 12 types of justified absences throughout the year, without salary deductions. The rules are outlined in Article 473 of the CLT (Consolidation of Labor Laws) and ensure salary protection when the reason for the absence fits within the legal criteria.
These justified absences range from marriage and the birth of children to blood donation and attending court. However, it is important to understand that this is not a “bank of free days”, but rather specific occurrences that must be properly documented with formal papers, such as certificates, birth certificates, or notifications.
What Are the 12 Reasons for Justified Absences?
The current legislation recognizes the following cases as justified absences with the right to full salary:
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- Death of a close family member (spouse, parents, siblings, or dependents): up to 2 consecutive days
- Own wedding: up to 3 consecutive days
- Birth or adoption of a child: up to 5 consecutive days
- Voluntary blood donation: 1 day per year
- Voter registration: necessary time
- Compliance with mandatory military service
- Attendance at court when summoned
- Entrance exams or university tests
- Participation in international union meetings
- Medical accompaniment of a pregnant partner (spouse or companion): up to 2 consultations
- Medical appointment for a child up to 6 years old: 1 day per year
- Other cases provided for in collective agreements
These absences must be documented to avoid salary deductions. Failure to meet this requirement may result in the absence being classified as unjustified.
Does a Medical Certificate Count as a Justified Absence?
Yes. A medical leave with a valid certificate is also considered a justified absence. During the first 15 days of absence, the employer is required to pay the salary normally. Starting from the 16th day, the responsibility for payment shifts to INSS (in cases of absence due to illness or injury).
Nonetheless, medical absences do not fall under the 12 cases of Article 473, as they are addressed in specific provisions of the CLT. The main requirement is that the certificate is legitimate and issued by a qualified professional, including the CRM number and indicated duration of absence.
What Happens to Those Who Miss Work Without Justification?
Unjustified absences automatically generate salary deductions, proportional to the days missed. The calculation is made based on the monthly salary divided by 30, multiplied by the number of days absent. Additionally, the worker loses the right to Paid Weekly Rest (DSR) that week.
Recurrent offenses may result in warnings, suspensions, and even dismissal for cause, if company rules are violated.
Another direct impact is on vacation. Here’s how unjustified absences affect vacation time:
- Up to 5 absences in the year: 30 days of vacation
- From 6 to 14 absences: 24 days
- From 15 to 23 absences: 18 days
- From 24 to 32 absences: 12 days
- More than 32 absences: loses the right to vacation
Did the 2025 Labor Law Bring Any Changes?
In practice, there was no change in the number of situations, but the government emphasized, through recent communications and informational campaigns, the need for knowledge and correct use of labor rights, especially in the post-pandemic context and with the advancement of hybrid and digital work relationships.
The legislation remains consolidated, but unions and companies may have complementary agreements, such as allowances for psychological consultations, absences for educational reasons, or extended parental leave. It’s essential to read the employment contract and consult the collective agreement of the category.
Have you ever needed to use any of these justified absences? Do you believe that the rights provided for in the CLT are being respected by companies? Share your experience in the comments — we want to know how this works in practice.
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