Many workers have doubts about the impact of sick leave on their vacations. Can an employer deduct vacation days from an employee who has been ill? The answer is no, as long as the absence has been duly justified with a medical certificate.
According to Ekonomista, a website specializing in economics and finance, days of temporary absence from work due to illness are considered justified absences, as long as they are proven. In these cases, the worker maintains the right to vacation to which he or she is entitled by law, without the sick leave period being deducted.
What the law says
The Labor Code establishes that absences due to illness, when duly justified, cannot be deducted from vacations or the remuneration due for that period, unless the worker exceeds the limits established by law. Therefore, the employer cannot take vacation days as a way of compensating for the time the employee was sick.
Article 255 of the Labor Code defines that justified absences are those motivated by the employee’s impediment that is not attributable to him, such as a duly proven illness or accident. To do this, the worker must present the medical certificate to the employer within the legal deadline, ensuring that the absence is recognized as justified.
What if there is no medical certificate?
The scenario changes if the worker does not present medical proof. In this situation, absences are considered unexcused, which can have direct consequences on vacations and even pay.
According to the same source, the employer can, in these cases, make the corresponding salary deduction or agree with the worker to convert absences into vacation days already taken. This is, however, an exceptional solution that requires mutual agreement between both parties.
The right to vacation is not canceled by sick leave. The worker maintains the right to take vacation in the same calendar year, even if he has been away for an extended period. However, there are exceptions.
When sick leave lasts throughout the year, or if the worker does not return to work before the end of the vacation period, the vacations do not accumulate automatically.
In these cases, according to Ekonomista, the worker may have to negotiate with the company to reschedule vacations or, in extreme situations, see them reduced proportionally.
What happens if illness strikes while on vacation
Another common question is what happens when a worker gets sick during vacation. The answer is that the vacation period is suspended from the moment the medical certificate is presented. The law guarantees that the worker can enjoy the remaining days after the end of the sick leave.
According to the publication, this rule ensures that holidays fulfill their purpose, physical and mental rest, which is not the case during an illness.
Don’t miss vacation days
Being on sick leave does not mean losing vacation days, as long as the situation is duly confirmed by a healthcare professional. The employer cannot automatically convert the period of absence into vacation days, nor make any discount without prior agreement.
On the other hand, if the worker does not present a certificate, the absences are treated as unjustified and may have a direct impact on vacation and salary.
In case of doubt, the most prudent thing is to quickly communicate the situation to the company and provide medical proof. As , transparency is the best way to ensure that the rights of both parties are respected: both the right to health and the right to rest.
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