Companies with employees on sick leave must identify whether they have been called for a review of their benefits by the National Institute of Social Security – INSS and whether their names are on the list of persons unable to be reached (published by the Official Federal Gazette). This measure is important in avoiding court disputes over salary payments during the period known as "social security limbo."
The beneficiaries of sick benefits, for whom no expert examination has been conducted for two years or more, were called by the INSS. Due to differences in addresses registered for mailing, some people had to be called in the Official Federal Gazette. The list of names is available on the website of the Ministry of Social Development, at this link.
The beneficiaries have until the twenty-first of this month to schedule the expert examination. Otherwise, the benefit may be suspended for 60 days and, after that period, it may even be canceled.
Employees with canceled benefits, in theory, should return to work. However, because the legislation determines that, upon return from leave, the company must conduct an aptitude test, there is a possibility that those employees whose benefits have been canceled are not fit for work. In this situation, they do not work or receive a benefit, and thus remain in so-called "social security limbo", without receiving any payments.
Labor Courts have decided by majority that the company is responsible for the payment of employees in "social security limbo", whether or not the employee is working. It is therefore recommended that companies identify such cases immediately and encourage employees to schedule the expert examination.