What is considered an excused absence?

Have you ever heard of justified absence? It is a worker's right that many are not aware of and, consequently, end up overlooking situations that violate this right.

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Today we will understand more about this subject, what these faults are and what they are.

What is justified absence?

Every worker hired under CLT has their rights, and one of them is justified absence, which gives them the possibility of being absent from work, depending on some situations.

Justified absence means that the worker can be absent from work without being harmed, either in terms of salary or any other type of penalty for discipline.

But it is important to highlight that the CLT provides for very specific matters that end up justifying this absence. So, whatever is not mentioned should be discussed with your boss so that he can decide whether to pay or not.

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What is considered under the legislation?

At CLT, in the article 473, we find all situations in which absence can be justified. See what they are:

  • Death: the worker can be absent for up to two consecutive days in the event of the death of a spouse or close family member;
  • Marriage: you can be absent for up to three days, it is up to your employer whether or not the weekend will be counted;
  • Birth: the absence can be up to five consecutive days, but here we must also consider maternity leave;
  • Blood donation: one absence every 12 months, as long as the donation is proven;
  • College entrance examination: absence for entrance exam days if the worker is taking the tests and has the means to prove it;
  • Registering as a voter: missing two days;
  • Military enlistment: if the worker is called up for military service, the absence is for as long as necessary;
  • Justice: absence for a necessary period if the worker is a juror or witness;
  • Doctor's appointments: you can be absent 1 day per year to accompany your child up to six years of age to the doctor;
  • Prenatal exam: absence to attend or attend prenatal exams, which can last up to two days;
  • Preventive exams: if cancer is suspected, the worker can miss up to 3 days per year for preventive exams.

What are unexcused absences?

Unexcused absences are not valid or accepted by legislation, and occur when the worker has not provided a reason for their absence.

In this case, the penalty is usually a salary deduction proportional to the time spent away or a deduction from your vacation.

In some cases it may lead to a written warning and in extreme situations it may lead to dismissal for just cause.

However, if you presented a reason that is not in the legislation, it is up to the employer to decide whether you will be penalized or not.

In any case, whenever you need to be absent from work, whether the absence is justified or not, you should inform your employer and perhaps your employees, so that they are not caught by surprise.

Communication with the company about any reason for absence is essential to avoid misunderstandings and to ensure that the employer is aware of the reasons for absence.

Content reviewed by the Vitaly Brasil editorial team.
Our experts follow research, updating, and verification processes to ensure the quality and reliability of the information published.

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