Brazilian employers cannot require disease code on medical certificates

Employers must verify the content, form of presentation and circumstances of a medical certificate before imposing salary deductions or penalties. The absence of an International Classification of Diseases (CID) code, digital delivery, or late submission does not automatically invalidate the document. Brazilian law (Law No. 605/1949 and Decree No. 10.854/2021) recognizes a medically‑certified illness as a justified absence, and the employee’s leave should not be treated as unjustified solely because the CID is missing.

The Federal Council of Medicine’s Resolution 1.851/2008 and jurisprudence of the Superior Labor Court (TST) protect workers’ privacy, stating that employers have no right to demand the CID unless the employee expressly consents. Companies must avoid undue salary discounts, payroll errors, or legal disputes, and should handle valid certificates in payroll, attendance control, occupational health and the e‑Social system.

In practice, employers should assess the authenticity of signatures, the presence of tampering, and any incompatibility of dates, but cannot reject a certificate on suspicion alone. Missteps can lead to wrongful deductions, inconsistencies in payroll records, and potential judicial challenges.