The question of whether justified absences are paid is contingent upon the situation, according to the Labor Conditions Authority (ACT).
“Justified absences can be remunerated, depending on the situation,” reads a post by ACT on Instagram.
The ACT website clarifies that the following absences, although justified, result in the loss of compensation:
- Due to illness, provided the employee benefits from a social security health protection scheme;
- Due to workplace accident, provided the employee is entitled to any subsidy or insurance;
- Absence for family member assistance;
- Absence to accompany a pregnant woman traveling to a hospital outside the island of residence for childbirth exceeding 30 days annually;
- An absence justified by law when over 30 days per year;
- An absence authorized or approved by the employer;
- An absence by a non-primary caregiver for assistance to the cared person in the event of illness or accident;
- Absence for family member assistance is considered effective work performance.
When should notification of the justified absence be made?
ACT states that “a foreseeable absence should be communicated to the employer with the reason for justification at least five days in advance.”
Unforeseeable absences should be communicated as soon as possible.
“In the case of absence by a candidate for public office during the legal election campaign period, it must be communicated to the employer at least forty-eight hours in advance,” ACT explains.
Moreover, “if additional absences immediately follow the communicated ones, the respective notification to the employer must also be made, even if the absence results in the suspension of the employment contract due to prolonged impediment. Lack of notification leads to justification of the absence.”
What are the consequences of unjustified absences?
Unjustified absences violate the duty of attendance and result in the loss of payment for the period of absence, which will not count towards the employee’s seniority.
“It is considered a serious offense if the employee unjustifiably misses a complete or half normal working period immediately before or after a day or half-day of rest or a holiday. In this case, the absence period considered for pay loss includes the rest days or holidays immediately before or after the day of absence,” ACT further explains.
The ACT outlines the rules for unjustified tardiness:
- If the delay exceeds sixty minutes at the start of the working day, the employer may refuse the work performance for the entire normal working period;
- If the delay exceeds thirty minutes, the employer may refuse the work performance for that part of the normal working period.
