Can a company refuse to issue a medical certificate after 48 hours? Understand your rights
Posted: Sun Feb 02, 2025 6:24 am
Did you know that there is a rule that allows companies to refuse medical certificates after 48 hours ? If you are a Brazilian worker, you have certainly had to present a medical certificate to justify your absence from work . However, many people are unaware that companies have the right to refuse these documents after 48 hours.
This rule can cause great concern and uncertainty for employees, after all, no one is immune to contracting an illness or suffering an accident that requires rest and medical care. However, how can you ensure that the company will not refuse your medical certificate, even if you are fulfilling all your obligations?
In this article, you will better understand how this rule works, what your rights are and how to protect yourself if the company decides to refuse your medical certificate. As an HR manager, you will understand more about how to correctly manage this type of absence .
Read this article to the end and have complete clarity about your guarantees in austria whatsapp list situations of absence due to health reasons. Let's go!
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What is the maximum deadline for submitting a certificate to the company?
As a business owner or HR manager, it is important that you are aware of the deadlines for employees to submit medical certificates. These documents are essential to prove your absence due to health reasons, thus ensuring the right to paid leave.
In Brazil, the maximum period for submitting a medical certificate to the company is regulated by labor legislation. According to the Consolidation of Labor Laws ( CLT ), the medical certificate must be submitted within 15 calendar days from the first day of absence.
However, it is important to note that some companies may set shorter deadlines for the delivery of the certificate, such as 48 hours , for example. This information is usually present in the employment contract or in the company's employee handbook.
It is essential to follow the guidelines and deadlines established by the company to ensure regularity and compliance with internal policies. If in doubt, it is always advisable to consult the human resources department to obtain precise information about the maximum deadline for submitting the certificate in your specific company.
Am I required to submit the certificate within 48 hours?
In Brazil, labor legislation does not establish a maximum period of 48 hours for the delivery of a medical certificate . The CLT provides for a maximum period of up to 15 calendar days from the first day of absence.
However, it is important to note that some companies may have internal policies that establish shorter deadlines for the delivery of the certificate, such as a deadline of 48 hours. This information is usually present in the employment contract or in the company's employee handbook.
It is essential to follow the guidelines and deadlines established by the company you work for to ensure compliance with internal policies.
If you are unable to submit the certificate within the deadline established by the company, it is recommended that you notify the human resources department or your immediate superior as soon as possible, justifying the reason for the delay in delivery.
BR - INBOUND - Guide - CLT
When can a company refuse a certificate?
As a business owner or HR manager, it is important to understand the circumstances in which you can refuse a medical certificate presented by an employee. In Brazil, labor laws provide for some situations in which the company can refuse the document , as long as it respects the employee's rights.
Certificate without adequate information : If the certificate presented by the employee does not contain all the necessary information, such as date, ICD (International Classification of Diseases), stamp and signature of the doctor, the company may refuse it. The certificate must meet the legal requirements to be valid.
Certificate from an unreliable source : If the company has reason to believe that the certificate was issued by an unreliable source, such as an unlicensed physician, the company may refuse it and request new documentation from a reliable source, such as a regularly registered physician.
Contradictory or dubious certificate : If the medical certificate presents contradictory information or appears dubious regarding the severity of the medical condition or the necessary time away from work, the company may request an additional evaluation or ask for a second medical opinion before accepting it.
The company must justify the refusal of a medical certificate. If there is a disagreement between the company and the employee regarding the medical certificate, it is recommended to seek legal advice or contact the professional union to obtain additional clarification and resolve any conflicts.
This rule can cause great concern and uncertainty for employees, after all, no one is immune to contracting an illness or suffering an accident that requires rest and medical care. However, how can you ensure that the company will not refuse your medical certificate, even if you are fulfilling all your obligations?
In this article, you will better understand how this rule works, what your rights are and how to protect yourself if the company decides to refuse your medical certificate. As an HR manager, you will understand more about how to correctly manage this type of absence .
Read this article to the end and have complete clarity about your guarantees in austria whatsapp list situations of absence due to health reasons. Let's go!
sesame hr logo
All the information you need, in one place, with Sesame RH's Document Manager
Simplify document management, access important files in seconds, and collaborate efficiently with your team securely from anywhere
Free trial
What is the maximum deadline for submitting a certificate to the company?
As a business owner or HR manager, it is important that you are aware of the deadlines for employees to submit medical certificates. These documents are essential to prove your absence due to health reasons, thus ensuring the right to paid leave.
In Brazil, the maximum period for submitting a medical certificate to the company is regulated by labor legislation. According to the Consolidation of Labor Laws ( CLT ), the medical certificate must be submitted within 15 calendar days from the first day of absence.
However, it is important to note that some companies may set shorter deadlines for the delivery of the certificate, such as 48 hours , for example. This information is usually present in the employment contract or in the company's employee handbook.
It is essential to follow the guidelines and deadlines established by the company to ensure regularity and compliance with internal policies. If in doubt, it is always advisable to consult the human resources department to obtain precise information about the maximum deadline for submitting the certificate in your specific company.
Am I required to submit the certificate within 48 hours?
In Brazil, labor legislation does not establish a maximum period of 48 hours for the delivery of a medical certificate . The CLT provides for a maximum period of up to 15 calendar days from the first day of absence.
However, it is important to note that some companies may have internal policies that establish shorter deadlines for the delivery of the certificate, such as a deadline of 48 hours. This information is usually present in the employment contract or in the company's employee handbook.
It is essential to follow the guidelines and deadlines established by the company you work for to ensure compliance with internal policies.
If you are unable to submit the certificate within the deadline established by the company, it is recommended that you notify the human resources department or your immediate superior as soon as possible, justifying the reason for the delay in delivery.
BR - INBOUND - Guide - CLT
When can a company refuse a certificate?
As a business owner or HR manager, it is important to understand the circumstances in which you can refuse a medical certificate presented by an employee. In Brazil, labor laws provide for some situations in which the company can refuse the document , as long as it respects the employee's rights.
Certificate without adequate information : If the certificate presented by the employee does not contain all the necessary information, such as date, ICD (International Classification of Diseases), stamp and signature of the doctor, the company may refuse it. The certificate must meet the legal requirements to be valid.
Certificate from an unreliable source : If the company has reason to believe that the certificate was issued by an unreliable source, such as an unlicensed physician, the company may refuse it and request new documentation from a reliable source, such as a regularly registered physician.
Contradictory or dubious certificate : If the medical certificate presents contradictory information or appears dubious regarding the severity of the medical condition or the necessary time away from work, the company may request an additional evaluation or ask for a second medical opinion before accepting it.
The company must justify the refusal of a medical certificate. If there is a disagreement between the company and the employee regarding the medical certificate, it is recommended to seek legal advice or contact the professional union to obtain additional clarification and resolve any conflicts.