A supermarket chain operating ten stores in the Greater Vitória region of Espírito Santo recorded 15,705 days of medical certificates between January and July of this year. The company, which has a staff of 5,500 employees, did not disclose the specific reasons for these absences.
By dividing these 15.7 thousand days of leave equally among the 5,500 employees, the average absence per worker in six months reaches 2.8 days. If the total number of certificates were distributed continuously over the 181 days of the semester, it would represent an average of 87 absent workers daily. In an extreme scenario, if all absences occurred simultaneously, the accumulation of certificates would be enough to keep a unit with 500 employees closed for a full month (calculated as 500 employees times 30 days, totaling 15 thousand absences).
Legal implications of medical certificates
Lawyer Carlos Eduardo Amaral, a specialist in Labor Law, warned that although the worker has the right to be absent when sick, falsifying documents can result in dismissal for just cause. He emphasized the complexity of the issue, as it involves both the worker's well-being and the company's need for labor.
Amaral explained that the certificate serves to prove that the worker is unable to come to work due to health problems. However, if the company expresses suspicion or has reason to question the certificate, it can take appropriate measures.
Definition and issuance of the medical certificate
The certificate is defined as a medical document whose purpose is to ensure the patient the necessary time for rest or absence from work activities. When drafting the certificate, the healthcare professional must indicate the period of exemption and, if permitted by the patient, the diagnosis.
According to the Federal Council of Medicine (CFM), only doctors and dentists are authorized to issue work absence certificates. Brazilian labor legislation, specifically the Consolidation of Labor Laws (CLT), does not impose a limit on the number of certificates an employee can present. However, there is a limit of 15 days of absence that the company must cover for the same illness.
The labor lawyer clarified that the employee can present a certificate whenever they are sick, and any certificate demonstrating inability to attend has a presumption of validity. If the company has doubts, it must take steps to confirm whether the certificate was issued by a legitimate doctor and whether the alleged illness is truly incapacitating, requiring its own medical analysis.
Regarding dismissal, Amaral stressed that an employee cannot be fired solely for presenting multiple certificates. Dismissal is only possible if the document is proven to be falsified, signed by non-doctors, or obtained irregularly, which could constitute just cause.
Additionally, the specialist informed that companies can refuse medical certificates that have been altered, as such marking can harm the employee themselves.
Difference between attendance certificate and incapacity certificate
The attendance certificate is a record confirming that the worker was present for a consultation or underwent exams with a healthcare professional, potentially specifying a period or time. However, this document does not serve to justify an absence. Its acceptance depends on collective agreements or internal company policies, which may provide for discounts or compensation.
Amaral reinforced that only the medical certificate declares the inability to work, while the attendance declaration does not serve to excuse the absence.
Regarding performance evaluation, the labor lawyer stated that the frequency of certificates should not be used as a criterion for evaluating the employee. He argued that if a person is incapacitated and there is a valid medical certificate, this cannot be used against the worker.
However, the company can investigate the origin of the certificate if there is suspicion. Amaral concluded that the concern is not about the fragmentation or diversity of illnesses, but rather the confirmation of falsity. A series of unrelated illnesses in a short time may raise suspicions about the worker's health or about who is issuing the documents.