Sick leave

Sick leave in Brazil entitles workers to paid time off when medically unable to work. Under Brazilian labor law, employers must pay full wages for the first 15 consecutive days of absence due to illness, provided the worker presents a medical certificate confirming incapacity for work. After this 15-day period, if the incapacity continues beyond 15 days, the worker may apply for benefits through the INSS (Instituto Nacional do Seguro Social), the country's social security institute, which then assumes responsibility for wage replacement.

The rule is governed by the Consolidação das Leis do Trabalho (CLT), Brazil's primary labor code, and INSS regulations. The 15-day employer-paid threshold has remained the standard requirement for decades and continues to apply to all private sector employees covered by the CLT.

Employers must ensure workers can access medical certification quickly to document their illness. The employer remains liable for full salary payment during the initial 15-day period regardless of the reason for incapacity, provided proper medical documentation is submitted. After day 15, workers must formally request INSS benefits, which typically involves submitting medical reports and undergoing evaluation by INSS physicians. Payroll teams should maintain clear records of sick leave dates and medical certificates, as these documents may be requested during labor inspections. Failure to pay wages during the first 15 days of documented illness can result in significant penalties and claims for unpaid compensation.