In employment relationships, situations of absence due to health reasons are frequent, but it is essential that employers and employees understand the differences between medical certificates and attendance statements, as these documents have different purposes and legal effects.
A medical certificate is issued by a qualified professional and proves the employee's inability to perform his/her duties for a specific period. It justifies the absence for the entire period indicated, ensuring that the employee is entitled to the corresponding remuneration. The declaration of attendance only certifies that the employee was at a health facility, for a consultation or medical examination at a specific time. This document exclusively justifies the absence during the specified period and cannot be used to prove incapacity for work or justify prolonged absences.
According to a recent decision by the Regional Labor Court of the 3rd Region (TRT-MG), it became clear that attendance certificates do not have the same legal effect as a medical certificate. Therefore, when the employee only presents the certificate, the absence is justified only by the interval stated in the document. Additional periods not covered by the certificate may be considered unjustified absences, subject to penalties provided for in article 482 of the CLT.
To avoid labor disputes and litigation, it is essential that the employer carefully evaluates the documents presented and adopts proportionate and well-founded measures. Consulting a specialized lawyer is highly recommended to ensure that the actions taken are in compliance with the legislation and protect the company's interests.
Our firm specializes in labor law and is ready to assist your company in analyzing situations like these. We offer personalized legal guidance for the application of disciplinary measures, document analysis and prevention of labor risks.
Contact us and count on an experienced team to ensure the management of your company's personnel with complete legal security.