Sick leave and vacations: is it possible to travel?
Although in many cases the answer is yes, such as depression, there are limits, as the legislation establishes that the temporary disability benefit may be denied if medical treatment is abandoned or medical check-ups are not attended.
Legislation
The only legal regulation in this regard is contained in Article 175 of the General Social Security Law, which establishes that the Temporary Disability (TI) benefit may be denied, cancelled or suspended when the beneficiary acts fraudulently; when he/she is self-employed or employed; or when, without reasonable cause, he/she abandons medical treatment.
Therefore, the patient can travel at his own responsibility as long as it is not medically contraindicated or may delay the recovery process. In addition, it is the patient’s responsibility to attend all medical or INSS consultations to which he/she is summoned during the entire process of incapacity for work, regardless of whether he/she is away from his/her residence on the day of the summons. If he/she is unable to attend, he/she will have to explain the reason for non-attendance or he/she will be discharged for non-appearance.
Recommended steps to travel
The following steps are recommended:
– Communicate it to the doctor who, depending on the case, will advise or not such displacement (in some cases the mutual work insurance companies can also control the sick leaves, so you should also tell him/her).
– It is advisable to inform the INSS so that during your absence you do not schedule a review (it is mandatory to attend all appointments received. Failure to do so may result in the loss of the benefit received). However, as the INSS is not obliged not to make appointments during these days, it is better to be reachable, to leave someone in charge of checking the mail and not to travel too far away to miss these appointments (the worker can be informed at least four working days in advance).
– During the trip, you must not engage in any activity that could impair the recovery of the condition causing the sick leave.
Type of leave and confirmation report
The family physician, following his or her criteria and using tables of optimal duration based on the diagnosis, occupation and age of the worker, is the one who decides what type of sick leave to apply:
Discharges from five to 30 calendar days
The first confirmation report will be issued after seven days, and the following reports will be issued every two weeks. All sick leaves lasting more than five days must state the next review date to be attended by the employee.
Retirements from 31 to 60 calendar days
The first report will be after one week, and the following reports will be every 28 days.
Leaves of absence of more than 61 calendar days
The renewal of the first report will be after 14 days and the following ones every 35 days.