Amid the growing number of Covid and flu cases at the beginning of 2022, companies are once again faced with the already recurring problem of leaving their employees for periods of up to 14 days, but after all, who contracted Covid or Flu, are you obliged to work?
According to labor lawyer Mourival Boaventura Ribeiro, a partner at Boaventura Ribeiro Advogados, “if the professional goes to the doctor and he prescribes a certificate determined to remove the professional for any period, the company cannot refuse and/or fail to comply with the document, nor compel the employee to attend work.
That is, if the person has the flu or positive for Covid and carries a medical certificate, he is not obliged to work, now, if the person does not have a certificate, the situation is reversed and the company can force the person to work, even with symptoms of the disease. disease. The recommendation is that in case of flu or Covid symptoms, even if weak, the company directs the worker to the home office.
“The fact is that, according to the information released so far, most new cases of Covid present a mild or moderate condition and, in theory, does not prevent the work from being carried out remotely by the employee, however, as the removal is determined by the doctor, the professional may refuse to provide the service, even remotely, in this scenario the issue is of absolute common sense on both sides”, explains Mourival Ribeiro.
With the new cases of Covid and flu, it is important that companies redetermine the adoption of contagion control measures that had been gradually relegated to the background, the use of masks, gloves, surface cleaning, alcohol gel, among others. should be encouraged and demanded again, as a form of prevention.