OBJECTIVE AND MATERIALIZATION OF PROTECTION IN THE ILLNESS
Social Security General Scheme (SSGS)

» It is deemed illness all morbid, evolutionary situation, not resulting from professional cause or act of the responsibility of third party for which a compensation is due, determines temporary disablement for work

» The social protection in the eventuality illness aims to ensure benefits substitutive of the work income lost, in virtue of its non-performance for reason of illness of the beneficiary himself/herself

» It is materialized through the grant of illness allowance granted and paid by social security institutions

The system provides for in the cash benefits compensatory of Holidays and Christmas allowances or of others of analogous character, provided that the beneficiary is not entitled, in consequence of subsidized illness, to the payment of those allowances, in whole or in part. However, this situation is not verified in relation to public employees fulfilling public functions, whatever the mode of employment relationship, as the absences for illness do not entail loss of those allowances

» The public employees with employment relationship of appointment are subject, in matters pertaining to absences for illness to provisions set out in the Labour Contract Regime in Public Functions, which provides for, namely the loss of compensation when the public employee is covered by social protection system in the illness

» The right to protection in the illness excludes the beneficiaries who:

- Receive periodically amounts paid by employer entities without any performance of work, namely pre-retirement

- Receive disablement, old age pensions of any social protection system

» Conditions to grant illness allowance

» Temporary disablement for the work due to illness of the beneficiary

» Compliance with a guarantee term, on the commencement date of temporary disablement for work, of six calendar months, followed or interpolated, with register of compensations or of equivalent situation to the entry of contributions

» Compliance with the professionalism index, of 12 days with register of compensations for work actually performed in the four months immediately prior to the month that precedes that of the date of commencement of the disablement

The guarantee term may be completed by recourse to contribution periods or of situation legally equivalent in any social protection compulsory system that ensure cash benefits in this eventuality, provided that they do not overlap

» The certification of temporary disablement for the work is carried out by competent services of the National Health Service, pursuant to applicable legislation.
In situations of hospitalization the certification of disablement may also be made by a private establishment with legal authorization of functioning

» Equivalence to the entry of contributions

» The periods of grant of allowance for illness, as well as the waiting periods, give rise to the register of remunerations by social security institutions for equivalence to the entry of contributions, for the value of the reference compensation that served as basis for the calculation to the same

» For the purposes of compliance with the professionalism index are equivalent to the register of remunerations for work actually performed for equivalence verified in the relevant periods for their formation:

- When a new temporary disablement for the work takes place due to illness in the 60 days immediate to the termination of the former disablement, including the situations resulting from the act of responsibility of a third party, of accident at work or occupational disease

- For grant of any of the allowances within the scope of protection in the parenthood

- For compulsory military service or of substitutive community service

» The periods of equivalence to the entry of contributions are officially registered by Social Security Institute (ISS), when the respective allowances are paid by them