Súmula 282
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 96-96 |
Page 96
ABONO DE FALTAS. SERVIÇO MÉDICO DA EMPRESA.
Ao serviço médico da empresa ou ao mantido por esta última mediante convênio compete abonar os primeiros 15 (quinze) dias de ausência ao trabalho.
Assunto: faltas.
Legislação correlata: Lei 8.213/1991. Súmulas do TST relacionadas: 15; 46; 89; 155.
Comentários
A súmula em comento tornou-se desatualizada em função da edição da MPv 664/2014, que alterou o teor da Lei 8.213/1991, art. 60, §§ 3º e 4º:
Art. 60. O auxílio-doença será devido ao segurado que ficar incapacitado para seu trabalho ou sua atividade habitual, desde que cumprido, quando for o caso, o período de carência exigido nesta Lei:
I - ao segurado empregado, a partir do trigésimo primeiro dia do afastamento da atividade ou a partir da data de entrada do requerimento, se entre o afastamento e a data de entrada do requerimento decorrerem mais de quarenta e cinco dias; e
II - aos demais segurados, a partir do início da incapacidade ou da data de entrada do requerimento, se entre essas datas decorrerem mais de trinta dias.
[...]
§ 3º Durante os primeiros trinta dias consecutivos ao do afastamento da atividade por motivo de doença ou de acidente de...
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