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Medical Certificates Longer Than 15 Days Require Leave by INSS. Employed or Unemployed Workers May Be Entitled to Sick Leave, Job Security, and Legal Protection, Even Against Company Maneuvers
One of the topics that generates the most questions among workers is the leave for health reasons.
After all, what happens when a medical certificate exceeds 15 days? Is it worth trying to “split” certificates to avoid sending to INSS? And if the person is unemployed, do they still have the right to sick leave?
The labor and social security lawyer Daniel Moreno, with more than 15 years of experience, clarifies the main points that every worker needs to know.
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When Leave Becomes Mandatory by INSS
The legislation is clear: if the worker accumulates more than 15 days of leave in a period of 60 days for the same health reason, they must be referred to INSS.
In this case, the first 15 days are paid by the company as salary, and from the 16th day onward, the benefit becomes the responsibility of INSS.
Many try to escape this process by using different CID codes. However, if the problem is correlated—such as distinct injuries to the same knee, for example—the certificates will be added together. Only when the illnesses are truly distinct (such as a cold and a sprain) is there no accumulation.
How to Request Sick Leave
The process varies depending on the worker’s situation. Those who are employed should contact the company’s HR department, which will handle the referral and provide the necessary documentation.
In some cases, the worker will undergo a medical examination by INSS.
Unemployed individuals can also be entitled to the benefit, provided they still maintain what’s called “insured status.”
This means that, even after termination, the worker can remain protected for up to 12 months. The period can extend to 24 months if the person has more than 10 years of contributions.
The request can be made through the Meu INSS app, the official website, or by phone at 135.
Work Accidents and Job Security
Another important point is the difference between common illness and work accidents. When the leave exceeds 15 days due to an accident or occupational illness, the worker is entitled to job security for 12 months after returning to work.
This is why some companies attempt to avoid referral to INSS by fully paying for the days of absence. This practice can harm the worker, who loses the guarantee of job security.
In this scenario, it is essential to demand the issuance of the Work Accident Communication (CAT).
If the company refuses, the recommendation is to document everything: messages, audios, conversations, and any documents that prove the denial.
This material can be crucial in a future labor lawsuit or to request future benefits, such as accident assistance.
Heightened Attention to Evidence and Deadlines
Many workers fail to formally report the accident or illness due to relying on the company’s “goodwill.” This can be a costly mistake.
The recommendation is always to document incidents and seek guidance from a labor lawyer.
Besides securing rights, this approach helps avoid losses in FGTS, compensations, or even the maintenance of employment ties.
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