When we find ourselves in a situation of sick leavea lot workers They think that their job is assured and that there is no risk if they follow medical instructions. However, this is not always the case. There are common errors which, even if they seem harmless, can result in a sanction or even disciplinary dismissal without compensation. THE Labor legislation establishes precise rules regarding work stoppageand failure to comply with them or interpret them incorrectly can have serious consequences. For this reason, having legal advice can be crucial to avoid problems in these situations and in this context.an employment lawyer revealed on social networks 4 mistakes that can cost you dismissal if you are on sick leave.
Recently, on social networks, the employment lawyer known as @un_tio_legal_ shared a list of the most common mistakes employees make when they are on leave and this, if not avoided, can lead to sanction and even something as serious as dismissal. In this way, with a clear and direct approach, the lawyer demystifies some common beliefs about what a worker on sick leave can and cannot do, and also explains the consequences that we can have if we end up committing these mistakes, because they can have, as they say, a high cost if not taken seriously. Take note, as we will explore the four major errors that this lawyer highlights as potentially serious for workers on sick leave. From the importance of requesting leave from the first day of absence, to the use of social networks, the expert highlights how certain behaviors can be interpreted negatively by the company and mutual insurance companies, and what to do to avoid consequences unwanted.
4 mistakes when taking sick leave that can lead to dismissal
When a worker is on sick leave, he must follow certain rules to avoid problems with his company. Although sick leave protects the employee during their convalescence, some errors may lead this situation to result in sanctions or even dismissal. This is how a labor lawyer on TikTok explains it, under the username @un_tio_legal_, which details four common mistakes that, if made, could cost the worker their job. These are these:
Do not request sick leave from the first day of absence
The first mistake mentioned by this employment lawyer is not requesting the sick leave report from the first day of absence due to illness. On his TikTok account, he explains that There is a “myth” according to which the worker can be absent for one or two days without having to justify it. by sick leave, which is incorrect. According to this expert, it is important that when you feel sick, “let them know you are sick and can’t go to work and have taken one or two days sick leave or whatever the doctor gives you“.
Furthermore, he emphasizes that this work stoppage report does not necessarily have to be given immediately to the company, but that it is essential to communicate the situation. If you do not do this, it warns that the worker will not only lose his remuneration for these days, but also you may receive a penalty.
In any case, he adds that in some collective agreements pay 100% of remuneration from the first daywhich makes it even more sensible to request time off on time: “take time off because you will be paid the same.” But ultimately, his message is clear: “If you miss work and don’t request medical leave, don’t expect to get paid for it.”
Ignoring summons from the health insurance company
Another of the errors pointed out by the lawyer in his story is to assume that, since it is a common illness, it is not necessary to go to mutual insurance exams. This belief, however, is incorrect. The mutual, as the lawyer explains, can require the worker to attend a consultationand has the power to notify up to four days in advance. This means that the worker must appear at the summonsand could only justify his absence if he presented a medical report demonstrating his inability to travel.
Failure to comply with this summons, the lawyer believes, can have serious consequences: If the mutual has made a correct appointment and the worker does not show up, he will lose the right to his benefits.. This aspect is important, because an unjustified absence from a mutual examination is an indication that can lead to heavier sanctions, or even disciplinary dismissal, in the event that the worker’s behavior is deemed inappropriate.
Practicing physical activities that harm recovery
The third error mentioned by the lawyer is the carrying out of activities likely to harm the recovery of leave. He emphasizes that It is essential to act with “common sense” and always be guided by medical recommendations so as not to worsen the health situation.. The lawyer specifies that, even if sick leave implies incapacity for work, this does not mean that the worker can carry out any other physical activity without restrictions. This aspect directly depends on the reason for the withdrawal. For example, if a person is off work due to knee surgery, it may be advisable to do sport under certain conditions, provided that the doctor recommends it and that it is “in writing”.
Upload content to social media frequently
Finally, the lawyer issues a specific warning to those who use social networks while on leave. Even if being on sick leave does not imply a total disconnection from networks, Posting content consistently can be interpreted as a sign that the worker is fit for the job. In some cases, explains the lawyer, there were disciplinary dismissals without compensation for employees who, during their leave, actively shared advice on nutrition, beauty or any other advice.
“If you are allowed to post daily, you can work” comments the lawyer, referring to the arguments that some companies use in the event of dismissal for this reason. Judges, in these cases, generally take into account the frequency and type of activity carried out on the networks, so caution should be exercised. The lawyer’s recommendation is to avoid any public activity on the networks that could be interpreted as incompatible with an incapacity to work.
