Failures to work for health: know your rights – Current

Failures to work for health: know your rights - Current

The lack of work for health reasons are natural and are for the most part provided for by law. But there are cases that this does not cover and, in addition, many companies adopt their own procedures to deal with the issue.

Thus, it is useful to know to what extent is protected, how and when to justify absences, in which scenarios the absence can lead to a reduction of wages and in which cases is entitled to the payment of subsidy by the Social Security.

Absence motivated by worker's health

In case of sickness absence, this is justified by a medical certificate or, when the worker is in a low position, the certificate of temporary incapacity. The rule also applies if you are undergoing surgery. Whenever possible, the employer must be notified in advance (at least 5 days) of the operation.

If the worker is not sick, but absent to receive an appointment or perform routine tests, he can justify the absence with a declaration of presence issued by the health establishment. The document covers the length of time that remains in the establishment and the movement.

Whenever possible, you should schedule these appointments and exams for off-hours. The days of absence are deducted at maturity, but there is a payment for sickness benefit by Social Security.

In some settings, the cure of malaise only means rest, without the need for medical observation. An example of this is flu situations or ailments that prevent the appearance in the workplace, but do not require greater care. Without a medical statement, the decision to consider (or not) the justified absence depends on common sense and the relationship between the worker and the employer.

For some employers just report the absence via email or phone. Others request a medical certificate, which always means going to an appointment or having a doctor at home.

Lack of health for a worker's relative

In case of hospitalization of a child, there is no shortage of absences, but it is necessary to present a proof of presence in the hospital. By law, it is also allowed to give a maximum of 30 absences during the year for each child (biological or adopted) or stepchild less than 12 who becomes ill or suffers an accident. After this age, the number decreases to 15 annual absences.

If the child or stepchild is of legal age, but living with the parents and needing assistance for health reasons, the 15 absences remain. The employer can request a proof of address (issued by the parish council). These absences can be deducted from the salary, but it is possible to compensate them through an application for Social Security subsidy.

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