The recent Supreme Court ruling makes it clear that, in the case of leave due to accident, serious illness, or hospitalization of family members, it is legitimate to require the worker to provide proof that the situation that led to the leave (and the resulting need for rest) continues for the five days established by law.
He Supreme Court, in his Judgment of March 12, 2025, has issued a resolution that supports the right of companies to request the accreditation of the continuity of the cause that motivates the 5-day permit included in the labor regulations, when this is requested by accident or serious illness (including hospitalization) of relatives up to a certain degree of kinship.
According to the High CourtLegislation provides for a five-day paid leave period in these cases, but it does not prevent the employer from requiring documentation confirming the continued existence of the circumstance justifying the sick leave (for example, a medical certificate or hospitalization certificate). Thus, if the reason for the leave ceases to exist midway through the leave period—for example, the discharge of a hospitalized family member—the employee would be required to return to their job or, failing that, provide proof that the need for rest or support still exists.
With this decision, the Supreme Court emphasizes the importance of prove the concurrence of the cause which protects absence, promoting good faith in the employment relationship. The resolution also offers legal security both employers and workers, clarifying that, beyond the existence of a general right to a 5-day leave, the requirements and documentation necessary for their justification must cover the entire period of their enjoyment.
As a recommendation, companies are suggested to establish communication protocols clear in their internal policies and ensure that workers have the relevant reports or supporting documents to avoid possible conflicts or situations of uncertainty in the management of absences for this reason.
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