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Clearing up doubts about sick pay: myths and truths

Among the most requested benefits from the INSS is sick pay, as it has become popularly known in recent years.

The National Institute of Social Security (INSS) plays a crucial role in protecting the rights of Brazilian workers, offering security in times of need, such as in situations where the worker is unable to work due to illness.

Among the most requested benefits from the INSS is sick pay, as it has become popularly known in recent years. But if you hear that this benefit is now called “temporary disability benefit”, know that we are referring to the same benefit, which changed its name after the pension reform, which took place in 2019.

There are several doubts that the population has when it comes to sickness benefits. So let’s clarify some of them myths and truths which bring this benefit:

  1. There are specific illnesses that give rise to sickness benefit.

Myth. The granting of the benefit is determined by the analyzes carried out by the expert doctor. Meaning what, there are no specific diseases which will guarantee the receipt of aid, but it will be necessary to evaluate on a case-by-case basis, regardless of the illness they have.

  • Sickness benefit is automatically converted into a disability pension.

Myth. In order for the benefit to be converted, the insured must submit a request to the INSS and undergo a new medical examination.

Therefore there is no specific deadline and the conversion does not occur automatically.

  • Sick pay counts as contribution time.

REAL. The period in which you receive sickness benefit can be counted as contribution time, as long as it is interspersed between contributions paid during periods of work. For example: João worked from 01/05/2010 to 01/05/2020 and from 01/06/2020 to 04/06/2020 he received sick pay. Therefore, in order for the period from 01/06/2020 to 04/06/2020 to be counted as contribution time, João will have to contribute normally for at least one month and then this period can be validated.

  • Anyone receiving sick pay cannot work.

REAL. The recipient of sickness benefit cannot carry out any paid activity during this period, otherwise the benefit will be forfeited.

  • The amount paid by the INSS is equal to the salary received by the worker.

Myth. The calculation of sick pay after the social security reform began to be carried out as follows: 100% of the arithmetic mean of all salaries x (multiplied) by 91%. Remembering that the result of this cannot exceed the average of the last 12 contributory salaries.

Given these and many other questions about this type of benefit, it is essential to inform yourself correctly before requesting the benefit. Furthermore, it is essential to have all medical documentation up to date and as complete as possible, as well as keeping your contributions with the INSS up to date to always remain insured by social security.

Julia Emanuele Ferreira Viana, lawyer, registered OAB/PR 103.698, partner of the firm Edeling, Martins, Gardi and Advogados Associados.

Andreza Simião Edeling Martins, lawyer, registered in the OAB/PR 40.054 register, partner of the Edeling, Martins, Gardi and Advogados Associados firm.

Source: Terra

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