See the rights of workers with symptoms of Covid and influenza – 18/01/2022 – Mercado

A specialist with flu, cold or COVID-19 symptoms He has the right to quit his jobbut for this you will need a medical certificate showing the duration of the sick leave or days at home can be considered absences.

The situation changes slightly in cases of coronavirus, when a positive test for a worker or someone they have been in contact with is enough for the company to take them away for 14 days. This measure is stipulated in Decree 19 and 20 of 2020 –They are the people Jair Bolsonaro’s government wants to review to reduce the minimum absence time.

“The ordinance stipulates 14 days, but it does not prevail over the medical certificate. If you go to the doctor and he says you can come back soon or in three weeks, that is the important period” in the work area of ​​Veirano Advogados, says lawyer Luiz Guilherme Migliora, partner.

The problem is that the recent explosion of cases — from both Covid and H3N2 flu, leading to a more aggressive type of flu — It’s starting to make it difficult to get these tests done. The express type, which is made at the pharmacy, has become a point of contention, and several health units have reported a shortage.

In a health care network, whether general or complementary (for those with a medical plan), referral for screening depends on whether the patient passes through the emergency room or outpatient clinic (where appointments are scheduled), crowded places and with queues of hours. Even in telemedicine, the wait is up to 24 hours.

In the midst of this explosion of new cases, the recommendation of doctors and general managers Only those with severe symptoms seek emergency services.

Without going to the doctor and without a test showing whether he has Covid or not, the worker needs to negotiate with the company. It is possible to use a bank of hours and days off to get away from the work environment and, in the case of people with flu-like symptoms, use the time to rest.

On the other hand, the severity of the recent wave of cases has left many workers with mild or even asymptomatic symptoms, which were only detected with a positive test from a close person.

Regardless of the test, Dr. Andre Ricardo Ribas Freitas, professor of epidemiology at the São Leopoldo Mandic College of Medicine, said it’s Leaf which – which, If flu-like symptoms appear, The ideal is to adopt about seven days of solitude To reduce the spread of the virus.

Those able to undergo telemedicine received similar recommendations and more Monitor fever with a homemade thermometer and oxygen through an oximeter.

Attorney Luiz Guilherme Migliora recommended pragmatism to employees and employers regarding the possibility of a worker remaining on active duty, in a home office, upon a positive diagnosis.

“If I feel good and want to work from home, I can, but my employer can’t claim it,” he says. “But on par with other sick leave, I, as an employer, could not allow that employee to work.”

For Migliora, good business practice would not be to demand the work, but to allow it, and to keep a written record that the decision to retain the activity came from the employee.

Leaves of up to 15 days are paid by the company. If the sick leave is longer, the worker needs to schedule a medical examination at INSS (Instituto Nacional do Seguro Social). It is important for the employee to keep in mind that with the exception of test-proven Covid-19, other leaves are officially in place only with a medical recommendation.

On the basis of conversation and common sense, those with less severe symptoms and working in sectors that allow remote work can only stay away from face-to-face activity, in order to avoid contaminating others.

The rapid spread of the new virus has put companies and unions on alert since the beginning of the year. Shopkeepers in the mall tried to reduce working hours Because of the lack of manpower and restaurants that have arrived Close the doors for a few days without the staff taking care of the hall and kitchen. Hundreds of flights have been cancelled Due to contamination among crew members.

Last week, the Federation of Bank Workers of Sao Paulo, Osasco and the region announced that it had registered 500 cases of covid virus among workers in the sector. A meeting was scheduled for Tuesday (18) with the entity representing the banks to discuss protection measures.

Fanapan (National Banking Federation) says it is maintaining dialogue with unions about all stages of the pandemic’s development. “The agencies are closed for cleaning and workers are being sent for examination or removal in accordance with the rules in place,” he said in a note.

Among the oil workers, FUP (Federação Único dos Petroleiros), on January 13, recorded 725 confirmed cases and another 1,041 suspected cases, most of them in the state of Rio de Janeiro. The outbreak led to workers’ representatives meeting Petrobras also on the 13th.

According to FUP, the company has proposed increasing the workload in onshore (land) units, on a temporary and emergency basis. The same measure was adopted in March 2020, when the epidemic began. Another measure adopted is to reduce the number of employees in the administrative region.

Last week, Petrobras began implementing measures recommended by Anvisa, such as testing all workers on platforms whenever there is a confirmed case. Until then, the tests were only conducted before boarding the plane.

A few days ago, Vigan (Confederation of Industries of Rio de Janeiro) also updated its health guide with recommendations to companies regarding the behavior to be adopted in the face of the increase in cases. The growth in pollution is believed to be related to the omicron variable.

For the entity, in addition to vaccination against Covid, industries must also encourage influenza vaccination. In the city of Rio de Janeiro, a decision by the health authority stipulated that the infected people be isolated for seven days.