You’re enjoying your well-deserved vacation when suddenly you feel unwell and need a medical certificate. This is a common situation that raises many questions: does a medical certificate interrupt my vacation? Let’s clarify everything about this!
According to the Consolidation of Labor Laws (CLT), vacation is a period of rest granted to the worker, during which the employment contract is suspended. This means that even if you get sick during this period, your vacation days continue to count as usual. Unfortunately, Brazilian law does not provide for the suspension or extension of vacationdue to illness, even with the presentation of a medical certificate.
What if the illness continues after your vacation ends? Upon returning to work, it is crucial to present the medical certificate to the company. The employer is responsible for paying the first 15 days of leave. If the need for leave continues after this period, from the 16th day onwards, you will be referred to the INSS (National Social Security Institute) for assessment and possible sick leave benefits.
Practical Examples:
- Example 1: You took vacation from November 1st to 30th and got sick on the 20th, with a 10-day medical certificate. Your vacation continues as usual until November 30th.
- Example 2: You took vacation from November 1st to 30th and got sick on the 20th, with a 20-day medical certificate. Your vacation ends on November 30th, and you will be on medical leave from December 1st to December 10th (referring to the remaining 10 days of the certificate).
- Example 3: You took vacation from November 1st to 30th and presented a 30-day medical certificate starting on November 20th. The vacation continues until November 30th. From December 1st to December 15th, the leave will be paid by the company, and the remaining 5 days of the certificate will be paid by Social Security.
In summary: getting sick during your vacation does not change the already scheduled rest period. It is important to present the medical certificate upon returning to work if the illness persists.
We hope this post has clarified your doubts about how medical certificates work during vacation. If you need further information, we are here to help!