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The Labor Legislation Foresees Situations In Which The Employee Can Miss Work Without Deductions And Also Defines When The Excess Constitutes Job Abandonment.
Firstly, you may be wondering: how many times is it possible to miss work without this resulting in job abandonment?
The answer involves both the situations in which the law allows absence without wage loss as well as the limits for unjustified absences.
The Consolidation of Labor Laws (CLT) clearly establishes the hypotheses under which the employee can be absent, provided they are duly justified, and also defines the consequences of excessive unjustified absences.
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Justified Absences Foreseen By Law
The CLT, in its article 473, assures the worker the right to miss work in certain specific situations without a salary deduction. Among them are:
- Up to 2 consecutive days in case of the death of a spouse, ascendant, descendant, sibling, or dependent declared in the work card;
- Up to 3 consecutive days due to marriage;
- For 1 day, in case of the birth of a child in the first week;
- For 1 day, every 12 months, in the case of voluntary blood donation;
- Up to 2 days to enlist as a voter;
- For the time necessary to fulfill military service obligations;
- On the days of entrance exams for higher education;
- For the time necessary to attend court;
- For the time necessary when acting as a union representative at an official meeting of an international organization of which Brazil is a member;
- Up to 2 days to accompany medical consultations and exams during the wife or partner’s pregnancy;
- For 1 day a year to accompany a child up to 6 years old to a medical appointment;
- Up to 3 days every 12 months for preventive cancer examinations.
All these situations, when properly justified, do not result in deductions.
Unjustified Absences And Their Impact On Vacation
Article 130 of the CLT addresses unjustified absences and their impacts on the right to vacation. According to the law, the employee can have up to 5 unjustified absences during a one-year period without prejudice to the 30 days of vacation.
If the number exceeds this limit, the following table applies:
- 30 consecutive days, when there are up to 5 absences;
- 24 consecutive days, when there are 6 to 14 absences;
- 18 consecutive days, when there are 15 to 23 absences;
- 12 consecutive days, when there are 24 to 32 absences.
Therefore, more than 32 unjustified absences during the period can seriously compromise the worker’s annual rest.
When Is There Job Abandonment?
The legislation does not establish an exact number of absences that characterizes job abandonment. However, case law and predominant doctrine understand that absence for more than 30 consecutive days without justification constitutes abandonment.
This scenario is foreseen in Article 482, Item I of the CLT, which addresses just cause.
In a recent decision by the Regional Labor Court of the 2nd Region in São Paulo, the Justice reinforced this understanding.
The 2nd Panel considered the abandonment of employment to be configured because there were consecutive absences exceeding 30 days and it was proven that there was an intention not to return to work.
The reporter highlighted that both elements — prolonged absences and the intent to abandon — must be proven by the employer.
This precedent shows how the interpretation of Article 474 of the CLT, applied by analogy, reinforces the need for objective and subjective evidence for just cause to be valid.
The Importance Of Communication
Whenever the worker needs to be absent, it is essential to justify within the established timeframe or formally notify the company.
This communication can even be made by registered letter, detailing the reasons for the absence.
This care prevents losses, reduces the risk of deductions, and avoids the situation escalating into a suspicion of job abandonment.
Thus, understanding the CLT rules on justified, unjustified absences, and job abandonment is fundamental for both employees and employers.
The balance between rights and duties strengthens the work relationship and ensures more legal security in day-to-day activities.
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