What are the absences justified by law according to CLT 2025?

The Consolidation of Labor Laws (CLT) provides for several justified absences for workers, that is, situations in which they can be absent from work without loss of salary and other labor rights. These absences are provided for by law and regulated by the responsible bodies, aiming to guarantee the well-being of workers and protect their rights.

In this article, we will discuss the most common justified absences provided for by the CLT. It is important to remember that the rules may vary according to the professional category and the collective labor agreement, so it is essential to check the specific rules of your company and category.

Maternity leave

Maternity leave is a right guaranteed by the Federal Constitution and regulated by the CLT. It allows workers to be absent from work for a period of 120 days, without loss of salary and other labor rights. The period may be extended in some cases, such as in cases of premature birth or the birth of babies with disabilities.

Paternity leave

Like maternity leave, paternity leave is a right provided for by the Federal Constitution and regulated by the CLT. It allows the father to be absent from work for a period of 5 consecutive days, without prejudice to his salary and other labor rights. In some cases, such as adoption or the birth of premature or disabled babies, the period may be extended.

Marriage

The worker has the right to be absent from work for up to 3 consecutive days in the case of marriage. This absence is justified and does not cause loss of salary or other labor rights.

Death of a family member

In the event of the death of a spouse, ascendant, descendant, sibling or financial dependent, the worker has the right to be absent from work for up to 2 consecutive days, without prejudice to his salary and other labor rights.

Blood donation

The CLT provides that the worker has the right to be absent from work for one day every 12 months to donate blood. This absence is justified and does not cause loss of salary or other labor rights.

Mandatory military service

A worker who is called up for mandatory military service has the right to be absent from work for the entire period of service. In this case, the absence is justified and does not cause loss of salary or other labor rights.

Medical exams

The worker has the right to be absent from work to undergo preventive and periodic medical exams. This absence is justified and does not cause loss of salary or other labor rights.

Work accident

In the event of a work accident, the worker has the right to be absent from work for up to 15 consecutive days, without loss of salary or other labor rights.

Strike

Absence from work due to participation in a strike cannot be considered unjustified absence, but the worker may suffer salary deductions due to the absence.

Leave of absences

Some companies grant leave of absences, that is, they allow employees to be absent from work for a certain number of days without prejudice to their salary and other labor rights. However, this may vary according to the collective labor agreement and the company's internal rules.

It is important to remember that the rules may vary according to the professional category and the collective labor agreement, so it is essential to check the specific rules of your company and category.

What happens if you do not justify your absences?

When an employee is absent from work without justification, they are subject to a series of penalties that can harm their professional and financial life. Unjustified absences can result in warnings, suspensions, salary deductions and even dismissal for just cause, depending on the circumstances.

According to the CLT, absence from work without justification is considered a serious offense, which can lead to a series of negative consequences for the employee. The employer has the right to apply disciplinary measures to an employee who is absent without justification, such as a warning, suspension or even dismissal for just cause.

The disciplinary measures that will be applied to an employee who has not justified his/her absence will vary according to the company's internal rules and the severity of the offense committed. In the case of a first unjustified absence, it is common for the company to issue a verbal or written warning, reminding the employee of his/her obligations and responsibilities.

If the employee continues to be absent without justification, the company may apply a suspension, which means that the employee will have to stay away from work for a certain period, without receiving a salary. This suspension can be for up to 30 days, as provided for in the CLT.

Source: HPG