It's becoming increasingly common for employees to notify their employer via WhatsApp that they won't be coming to work because they're unwell. However, this isn't always a legally valid excuse. We'll explain how your company should respond.

It is increasingly common for employees to inform their companies via WhatsApp, SMS, or even email that they will not be coming to work because they are unwell. In these informal communications, companies should always require formal justification and act in accordance with the law to avoid workplace issues and ensure the smooth operation of the team.

What options exist to justify the absence?

1. Home rest (without sick leave)

• If the worker goes to their medical center for mild symptoms, they may receive a home rest order, which recommends resting for 24, 48 or 72 hours.
• This document is not a medical leave certificate, but it serves to justify the absence and avoid a penalty for unjustified absence.
• The company can deduct the salary corresponding to those days, since there is no suspension of the contract.

What should the company do? Request that the employee submit the doctor's note as soon as possible. Without it, the absence will be considered unjustified.

2. Sick leave due to temporary incapacity

• If the worker goes to the doctor and the doctor considers that he is not fit to work, he will issue a medical leave certificate.
• In this case:
  • The contract is temporarily suspended.
  • The Temporary Disability (TD) process is activated.
  • The worker does not need to physically hand in the report, as it will be sent electronically to the INSS by the health service or the mutual insurance company.

Attention. If the employee cannot go to the doctor on the same day, they can go one or two days later and request that the sick leave be issued with retroactive effect (common if there is a fever or other ailments that prevent travel).

What should the company do? Wait for the automatic notification from the INSS (National Social Security Institute). The employee is not obligated to send the report.

3. Unjustified absence

• If the employee does not present any medical justification, the company is faced with an unjustified absence.
• In that case, the company:
  • You can deduct the salary for the day not worked.
  • You may initiate a disciplinary procedure based on the applicable collective agreement.

For example, many collective agreements consider a one-day unjustified absence a minor offense, punishable by a written warning. If several such absences accumulate, it can constitute a serious or very serious offense.

What should the company do? Request the employee's justification. If they fail to provide it, document the unjustified absence in writing and initiate disciplinary proceedings if appropriate.

What about medical reports?

• Rest form (without sick leave) → the worker must deliver it directly to the company.
• Medical leave certificate → should not be submitted, the INSS communicates it directly to the company or its advisor/manager via electronic means.

What if the employee only notifies us via WhatsApp but does not provide any documentation?

A message saying "I'm not feeling well" does not justify absence nor protect the employee from potential disciplinary consequences. It is essential to:

• Go see a doctor.
• Obtain a valid proof of identity (sick leave certificate or sick leave certificate).
• That it be forwarded or handled correctly, as appropriate.

Recommendations for the company

1. Always request proof of purchase, even if the initial communication is informal.
2. Consult your collective agreement to establish the type of sanction in case of unjustified absence.
3. Document absences and the employee's responses to requests.
4. Do not automatically assume that a WhatsApp notification implies a valid legal justification.
5. In case of recidivism, document everything to reinforce future proportionate disciplinary measures.

You can contact this professional office for any questions or clarifications you may have.

Warm regards,

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MGI Àmbit

A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.

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