Funerary Agency Xavier Neto

Contacts Funerary Agency Xavier Neto

Absences due to the death of family members

Absence of worker justified by death of relatives or similar.

Absences due to the death of family members
  • Scope

    Do you know what the law says about absences justified by the death of a family member?

    According to Article 251 of the Labor Code, you have 2 or 5 days off. Basically, the number of days of disgust you are entitled to in the death of relatives depends on the degree of relationship that the worker has with the person who died.

  • 5 days

    Up to five consecutive days may pass for the death of the spouse (not separated from persons and property, or the person living in a de facto union or common economy), parents, children, stepfathers, in-laws, sons-in-law, daughters-in-law, adopted. This rule therefore covers, in addition to the spouse, any relative or similar in the 1st degree on the straight line.

  • 2 days

    Absences are justified up to two consecutive days in the event of the death of another relative or similar in the straight line or in the 2nd degree of the collateral line, that is, brothers, grandparents, great-grandparents, grandchildren, great-grandchildren and brothers-in-law.

    When it comes to uncles, cousins or nephews, there is no day of mourning or layoff under the law. However, if you miss the funeral, the absence is considered justified.

  • Is the absence due to the death of a family member remunerated or does it imply loss of remuneration?

    It is also important to know that this type of justified absence (due to death) does not imply the loss of the employee's remuneration and remember that you must notify the employer of the absence and the respective reasons as soon as possible.

  • How to count days of disgust?

    According to Authority for Working Conditions (ACT) the beginning of counting absences due to the death of a family member begins on the day of death, and a different moment may be agreed or another moment may be established by means of collective labor regulation (article 250 in conjunction with article 3 of the CT) . If the death occurs at the end of the day, after the worker has complied with the normal daily work period, the days of absence from work due to death should start counting on the following day.

    The days of rest and intercurrent holidays cannot be counted in the counting of absences due to the death of a family member, as there is no absence of the worker from the place where he should perform the activity during the normal period of work.

    The death of a family member postpones or suspends the enjoyment of holidays, insofar as it does not depend on the will of the worker and makes it impossible to enjoy the right to vacation aimed at the worker's physical rest and recovery.