The advance of the omicron, a highly transmissible variant of Covid-19 in the world, has contributed to an exponential increase in the number of cases — even though the symptoms are milder for those infected already vaccinated.
Still, the recommendation is that the person with symptoms of Covid-19 – and now, Influenza – stay away from work to prevent the spread of diseases.
According to Law nº 14.128, of March 2021, the employee who has symptoms or who tests positive for Covid-19 is entitled to a seven-day absence from work, regardless of medical report, highlights labor lawyer Mariana dos Anjos Ramos.
This law, signed by President Jair Bolsonaro (PL), is valid during the period of public health emergency resulting from the coronavirus.
Mariana highlights that this law is extremely important, especially in times of lack of tests, such as the current one. The guideline, however, is for employees to stay away from the first day of symptoms, to prevent the spread of the virus.
As the pandemic issue falls on the need for isolation, the removal falls apart for those who are at home office. In other words, only employees with on-site work are entitled to dismissal, he explains.
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With a medical certificate, the employee can stay away for up to 14 days. In the SUS (Sistema Único de Saúde), when in the absence of tests, some employees have received a declaration of isolation – and this also needs to be respected by the company, says the lawyer.
“The first 14 days are in charge of the company. After this period, there will be a referral to the INSS in order to pay for the continuity of the leave, always with a medical evaluation”, he explains.
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In the case of Influenza, as it is not defined as a pandemic disease, there is no seven-day exemption in the law. So, in this case, the employee must present a medical certificate to prove the need for leave without having financial loss.
“As the symptoms are very similar, the medical advice has been to test , as far as possible. But it is also common sense for the company to take seven days off in both cases”, says Ramos.
What is the medical recommendation?
Infectologist Rodrigo Molina, from the Brazilian Society of Infectious Diseases (SBI), advises that the patient who has flu-like symptoms, such as fever, runny nose, sore throat and headache, in addition to body ache and dry cough, stay away from the work environment.
As much as the recommendation is to leave from the first day of symptoms, the patient should only do the Covid test on the third day, since before that it is possible that the result is a false negative.
“As there are several viruses that can give similar symptoms, it is important to do the test to confirm the disease and have a clear number of cases”, he says.
If the test is negative for Covid and the person continues to have flu-like respiratory symptoms, Molina’s recommendation is that the patient stay away for seven days as, as it could be influenza.
For the reduction of quarantine from seven to five days, a negative test for Covid-19 is required. The limit of seven days must be respected if the patient stays two days in a row without fever.
Agencies and malls close amid Covid
Data from the Brazilian Association of Shopping Centers (Abrasce) show that at least 5,500 stores in malls in the country were closed between January 14th and 20th due to lack of employees contaminated by Covid-19 or Influenza.
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Last week, another sector entity, the Brazilian Association of Satellite Shopkeepers (Ablos), brought to the public a request to reduce opening hours in malls in the country amid the increase in the number of contaminations.
According to the organization, the measure would help retailers to deal with the problem of the lack of employees who are, day after another, being infected by the coronavirus or flu and needing to leave the functions.
Abrasce, however, disagrees that the time is to close the trade again. For the association, the current scenario requires attention, “but we understand that the shopping center sector has been working for almost two years with sanitary measures that guarantee the proper functioning of the ventures without putting the physical integrity of employees, shopkeepers and regulars at risk”.
In bank branches, the situation has been similar. Last week, Greater São Paulo added about 1,500 bank employees infected by Covid-19 since the beginning of January. In addition, 620 branches had to be closed in the period because of the contagion of employees.
According to the Union of Bank Employees and Finance Workers of São Paulo, Osasco and Region, 91% of the 1,186 bank employees consulted in research reported cases of Covid-19 or Influenza in the last 30 days.
Lawyer Mariana dos Anjos Ramos, who specializes in defending bank workers, says that banks have followed the protocols determined by the government, but each one adheres to a form of action to diagnose cases, for example.
“What has been seen is that, as the environment is highly contagious, because it is closed and desks are very close together, the branches have not been open with the total number of employees and many have closed due to simultaneous leaves”, he says.
“The union has been in above, because as there have been many positive results for Covid, there are reports of bank employees returning to the workplace before receiving the result and this has increased transmissibility”, he adds.
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In a note released this week Last year, the Brazilian Federation of Banks (Febraban) stated that Brazilian banks have maintained strict health measures and that there has been no relaxation in the protocols adopted. “In addition, we continue to dialogue with the unions about all stages of the evolution of the pandemic”, he wrote.
According to the organization, in cases of confirmed contamination, the agencies undergo a new process of sanitation. “These procedures remain in force, without any change. These closings vary daily and can occur for a few hours or even a day, depending on the size of the branch.”
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