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Supreme Court Validates Rule Allowing Automatic Termination of Sick Leave Benefits Within 120 Days, Without New Medical Examination, and Confirms That Measure Is Already in Effect Throughout Brazil. Decision Standardizes Procedures and Reinforces Attention to Deadlines.
The Supreme Federal Court (STF) confirmed, unanimously, the rule that allows the automatic end of sick leave benefits within 120 days, without the need for a new medical examination, and authorized the INSS to establish a prior date for the termination of the benefit.
The trial was conducted in a virtual plenary and concluded at 11:59 PM on September 12, 2025.
As the topic has general repercussions, the decision will be applied throughout the country.
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What Changes for Those Who Receive the Benefit
The Temporary Disability Benefit has a defined term and is automatically terminated on the scheduled date, unless the insured requests an extension within the stipulated period.
When the request is made within the correct timeframe, the INSS schedules a new examination or applies extension rules in cases where the waiting time exceeds 30 days for service.
According to official regulations, the request for extension must be made 15 days prior to the termination date of the benefit (DCB).
While awaiting analysis, the insured maintains the right to payment. This guidance applies to workers who are still not fit to return to their activities.
Legal Basis and the “Scheduled High”
The measure is provided for in paragraphs 8 and 9 of Article 60 of Law 8,213/1991, included by Provisional Measure 767/2017, later converted into Law 13,457/2017.
The Supreme analyzed the issue in Extraordinary Appeal 1,347,526, registered as Theme 1,196 of general repercussions, and recognized the constitutionality of the so-called scheduled high.
How the Controversy Began
The discussion arose in a lawsuit filed by an insured person in Sergipe.
The Recourse Group of the Special Federal Courts in the state had dismissed the application of the automatic end of the benefit, understanding that the matter could not be addressed by provisional measure and that a new examination would be mandatory before the termination of the benefit.
The INSS appealed to the STF advocating for the validity of the rule and arguing that the automatic cessation only occurs when there is no request for extension within the deadline.
The Rapporteur’s Vote and the Position of the Plenary
The rapporteur, Justice Cristiano Zanin, rejected the arguments of unconstitutionality and stated that the measure does not compromise the social security protection foreseen in the Constitution.
In his vote, he stated that “there has been, in fact, no substantial change in the constitutional provisions that address the social security coverage of temporary illness or disability events.”
All the ministers supported the understanding.
Immediate Effects and National Scope
With the decision, courts and tribunals across the country will apply the same understanding.
Thus, ongoing processes that discuss the automatic termination of the benefit must follow the Supreme’s thesis.
The alignment may reduce the number of lawsuits on the subject and standardize the administrative decisions of the INSS.
What the Insured Should Observe
The worker needs to monitor the termination date of the benefit provided at the time of granting.
He should also keep medical reports updated for possible examination.
When the scheduling occurs within 30 days, the termination is recorded with a programmed date.
If the wait is longer, the temporary extension provided in the INSS internal regulations applies.
Legal Security and INSS Procedures
The Supreme’s decision confirms the validity of the scheduled high, provided for since 2017 and subject to judicial actions.
For the INSS, the establishment of cessation deadlines helps to organize the examinations and provide predictability for the return of the insured to work.
For workers, the measure reinforces the importance of requesting an extension within the deadline when incapacity persists.
What Happens If the Extension Is Denied
If the examination concludes that the insured is fit for work, the extension request is denied.
In this case, there is an administrative appeal.
If the decision is upheld, the worker may seek a review in court, now under the parameters defined by the STF.
Updated Nomenclature
The former sick leave is now termed Temporary Disability Benefit.
The Supreme’s decision does not change the requirements for the benefit, it merely confirms the possibility of automatic termination if there is no request for extension.
Implications for Companies and Workers
Companies need to observe the termination dates provided in the documents submitted by absent employees.
The standardization of the rule facilitates the management of absence periods, provided that workers submit the extension request within the deadline.
In situations of continued incapacity, it is up to the employer to adjust schedules and functions until a new administrative or judicial definition is made.
With the decision already in effect and applicable throughout the country, insured individuals need to be attentive to the benefit termination dates.
Have you checked your deadline to request an extension and ensure the continuation of your payment?
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