The sick leave or death license is one of the hypotheses provided for in legislation whereby the employee can be absent from work, without prejudice to salary, in cases of death of close relatives.
Article 473, I of the Consolidation of Labor Laws - CLT provides that:
Art. 473 - The employee may fail to attend the service without prejudice to the salary:
I - up to 2 (two) consecutive days, in the event of the death of the spouse, ascendant, descendant, brother or person who, declared in their work and social security card, lives under their dependence economical;
The CLT also provides for a special type of sick leave aimed at teachers. In this sense, article 320, §3 of the law provides:
§ 3º - In the course of 9 (nine) days, absences due to gala or mourning as a result of the death of the spouse, father or mother, or child will not be discounted.
The disgust license is also provided for in Law No. 8112/90 (Legal Regime of Public Servants of the Union), in its article 97, III, “b”:
Art. 97. Without any harm, the server may be absent from the service:
III - for 8 (eight) consecutive days due to:
b) death of spouse, partner, parents, stepmother or stepfather, children, stepchildren, minor under guardianship or guardianship and siblings.
It is important to note some differences between the hypotheses provided for in the CLT and in Law No. 8112/90:
- Law No. 8112/90 speaks only of children, while the CLT speaks of descendants, therefore including grandchildren, great-grandchildren, etc.
- Law No. 8112/90 includes stepmother, stepfather and stepchildren.
The rules on sick leave provided for in the CLT and in Law No. 8112/90 can be modified by agreement or collective agreement, as long as they are more beneficial to the worker.
For the purposes of granting the disgust license, “spouse” also involves partners in a common-law marriage.
How long is the sick leave?
The disgust license lasts for:
- 2 days in the general cases provided for in the CLT;
- 9 days in the case of teachers governed by the CLT;
- 8 days in the cases of public servants governed by Law No. 8112/90.
Although not provided for by law, the courts understand that the start of the sick leave count occurs the day after the relative's death.
Both the CLT and Law No. 8112/90 expressly provide that the count takes place in consecutive days. This means that weekends and holidays are also counted. Thus, if a close relative of an employee governed by the CLT dies on Friday, the count starts on Saturday and the employee cannot be absent on Monday without prejudice to salary.
Why the name leave disgust?
The name of the license is of Portuguese origin and stems from the fact that the word “disgust” is also synonymous with mourning, disgust, sadness, grief, etc.
See too:
- Consolidation of Labor Laws - CLT
- workday