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Whether or not you receive your full salary after being laid off due to the INSS is a very common question among workers.
This is because many people worry about their income if they need to take time off work due to illness or accident.
And, as we well know, not all benefits pay the full salary, as is the case with unemployment insurance, for example.
After all, what is the amount paid upon dismissal by the INSS?
How do I request leave? Which employment benefits are interrupted during this time?
These and other questions will be clarified later, throughout the content below.
Therefore, to understand what your income would be like in the event of INSS leave, come with us!
What is INSS leave?
Before we talk about the amounts paid, it is important to understand what INSS leave is.
It is known that Brazilian workers who work under the CLT regime are protected by labor rights.
Many of these rights are guaranteed thanks to Social Security, administered by the INSS.
And, contrary to what many believe, social security is not just for granting retirement.
This is because it also aims to help workers who are unable to work, whether permanently or for a certain period.
This can happen due to an accident, or even due to illness.
So, let's suppose that the worker suffers an accident and breaks his leg, he can't work under those conditions, right?
But what about the issue of payment? After all, how will the company pay an employee who is not working?
In this situation, the INSS is responsible for making payments, taking into account the employee's social security to determine the amounts, so that the employee can maintain themselves financially during the absence.
It is worth mentioning that the leave is an official procedure and must be approved by the INSS.
Therefore, it is not enough to just be sick or have had an accident to receive it.
It is necessary to submit the request, presenting evidence and medical reports that prove the situation.
Therefore, after the leave is granted, the INSS will start paying the amounts for the determined period of absence from work activities.
It is also worth mentioning that this period of absence can be reduced or increased, if the need is proven.
But, do those who are laid off due to the INSS receive their full salary? We'll see soon!
How to request leave from the INSS
Throughout the previous topic, it was possible to understand that INSS leave is a benefit granted to workers who prove a situation of illness or accident that prevents them from working for a certain period, exceeding 15 days.
This is because, for absences of less than 15 days, the company is responsible for covering the costs.
But, do you receive full pay when you're on leave due to the INSS? We'll discuss that in the next topic.
For now, we need to clarify how the application process works.
It is important to say that a basic requirement to obtain leave is proof of need.
This means you will need a medical report certifying your accident and requiring you to stop work for a certain period.
Or, in the case of sick leave, it will be necessary to present a report proving the incapacitating illness.
This report can be issued by your doctor, but it can also be obtained directly from the INSS doctor.
However, it is worth mentioning that the INSS doctor's evaluation stage is mandatory, therefore, the previous report serves only as an additional document.
So, let's now go step by step, so you can understand better.
After the accident or confirmation of illness, access the Meu INSS website or app.
Log in, and then look for the "sick pay" tab.
Apply for the benefit by presenting the necessary documents and wait until the INSS schedules a date for an evaluation with a doctor.
After the doctor's evaluation, just wait for the analysis to be completed, which can be checked on the website or app.
If the INSS doctor declares the need for leave, simply wait for the benefit release process.
It is worth mentioning that after the leave is granted, the INSS itself is responsible for informing the company.
Do people on leave due to INSS receive full salary?
At this point, you already know how INSS leave works and how to apply for the benefit.
With this, we can finally answer the question: in the event of INSS leave, do you receive your full salary?
We would like to clarify in advance that no, the amount paid during the leave does not exactly correspond to the full salary.
But, it is worth saying that the value is very close, since it corresponds to 91% of 80% of their best salaries.
This is calculated based on the employee's contribution wages over the past 12 months.
You will know the exact amount of your benefit when it is released by the INSS.
But, in general, benefits range from R$ 1,320.00 to R$ 7,507.49.
The idea is that it stays as close as possible to your salary, but it will always be a little lower if you receive up to the maximum amount allowed.
Another important piece of information is about the length of time the benefit is granted.
The leave can last up to 120 days, or 4 months.
If an extension is necessary, a new request must be submitted.
Which employment benefits are interrupted during the leave?
Finally, our last topic deals with a subject that many have doubts about, which is the benefits during leave from the INSS.
After all, which benefits are interrupted during the absence?
Basically, interrupted benefits are those that are paid according to the day worked.
This includes, for example, transportation vouchers, as you won't need to use them to work.
In addition, meal or food assistance is also usually interrupted during this period.
Some companies choose to continue paying VR or VA, out of simple solidarity with the worker, but this is not an obligation.
Another benefit that raises many questions is health insurance: can it be suspended?
No, the health insurance cannot be suspended in the event of absence, since the employee remains a contracted employee, and the insurance is not used during the work routine, therefore, absence from activities does not justify interrupting payment.
Finally, we couldn't fail to mention the 13th salary, which many are afraid of not receiving in this situation.
It is worth mentioning that the payment of the 13th salary is maintained as follows: the employer pays for the months worked, and the INSS covers the months of absence.
Therefore, the installments paid by the company consider the full salary, while the months paid by the INSS consider the benefit released.
Either way, you won't have to worry about missing out on your additional annual salary.
Finally, this was the information to explain whether you receive full salary when you are away from INSS.
So, now that you understand the subject, you can rest easy about it!
