It is becoming increasingly common for employees to report that they will not be coming to work because they are not feeling well. However, this behavior does not always legally justify their absence.
t is increasingly common for employees to notify their company via WhatsApp, SMS, or even email that they will not be coming to work because they are not feeling well. When faced with this type of informal communication, the company must always request formal justification and act in accordance with the law to avoid labor issues and ensure the proper functioning of the team.
¿What options are available to justify absence?
1. Home rest (without sick leave)
- If the worker goes to their medical center for mild symptoms, they may receive a home rest certificate, which recommends rest for 24, 48, or 72 hours.
- This document is not a sick note, but it serves to justify the absence and avoid a penalty for unjustified absence.
- The company may deduct the salary corresponding to those days, as there is no suspension of the contract.
What should the company do? Ask the worker to provide the doctor’s note as soon as possible. Without this note, the absence will be considered unjustified.
2. Sick leave due to temporary disability
- If the worker goes to the doctor and the doctor considers that they are unfit for work, they will issue a sick note.
• In this case:
- The contract is temporarily suspended.
- The Temporary Disability (TD) process is activated.
- The worker does not need to physically deliver the sick note, as it will be sent electronically to the INSS by the health service or the mutual insurance company.
Please note: If the employee is unable to see a doctor on the same day, they can go one or two days later and request that the sick leave be issued retroactively (this is common in cases of fever or other ailments that prevent travel).
What should the company do? Wait for the automatic notification from the INSS. The employee is not required to send the certificate to the company.
3. Unexcused absence
- If the employee does not provide any medical justification, the company is faced with an unjustified absence.
- In this case, the company:
- May deduct the salary for the day not worked.
- May initiate disciplinary proceedings in accordance with the applicable collective agreement.
Example: many agreements consider one day of unjustified absence to be a minor offense, punishable by a written warning. If several such absences accumulate, this may result in a serious or very serious offense.
What should the company do?
Request proof from the employee. If they do not provide it, make a written record of the unjustified absence and initiate disciplinary proceedings if appropriate.
What about medical certificates?
- Rest certificate (without sick leave) → the employee must submit it directly to the company.
- Sick leave certificate → this should not be submitted; the INSS will notify the company or its advisor/administrator directly by electronic means.
What if the employee only notifies the company via WhatsApp but does not provide any documentation?
A message saying “I’m not feeling well” does not justify absence or protect the worker from possible disciplinary consequences. It is essential that:
- They see a doctor.
- They obtain valid proof (sick note or sick leave certificate).
- They submit or manage it correctly, as appropriate.
Recommendations for the company
- Always request proof, even if the initial communication is informal.
- Consult your collective agreement to establish the type of penalty for unjustified absence.
- Document absences and the employee’s responses to requests.
- Do not automatically assume that a WhatsApp message constitutes valid legal justification.
- In the event of a repeat offense, document everything to reinforce future proportionate disciplinary measures.
For more information, consult with Labor Consulting
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