DUE TO A FACT NOT IMPUTABLE TO THE PUBLIC EMPLOYEE, NAMELY ILLNESS, ACCIDENT OR COMPLIANCE WITH LEGAL OBLIGATIONS
(Common regime)

» Concept

Absence of the public employee due to illness, accident or compliance with legal obligations, or other reason not attributable to him/her

» Scope

» In cases of absence for periods lower than the work period to which is bound, the respective periods are added for determination of the missing normal work periods

» Formalities

» When predictable, are compulsorily communicated to the public employer with a minimum 5 days in advance

» When unpredictable shall be communicated as soon as possible

» The public employer may within 15 days of the communication request supporting document of facts invoked for the justification

» The supporting document of the illness status is made by hospital establishment, by declaration of the health centre or by medical certificate

» The illness may be supervised by a physician at the request of the public employer

» Effects

» Absences due to illness determine the loss of pay when the public employee benefits from a social protection system

» The absence that is extended for more than one month entails the suspension of the contract

Notes

1. This is the rule regime of absences due to illness of public employees under Employment Contract in Public Functions (CTFP). It is important to bear in mind the transitional regimes applicable to public employees covered by the convergent social protection regime (CSPR)

2. Following the change of article 8 of the Law No 59/2008, this regime became also the rule regime for the appointed public employees. It is important to keep in mind the transitional regimes applicable to appointed public employees covered by the CSPR