He has not attended the medical appointment
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If a worker does not attend a medical examination by the mutual insurance company and the temporary disability (TD) ends, the company must readmit him.
Temporary disability (TD) is one of the reasons that leads to the suspension of the worker's contract. This means that, during the TD, the company's obligation to pay the salary ceases (although the obligation to contribute to Social Security remains), as well as the worker's obligation to provide services to the company.
The TD can be verified and controlled by public health service doctors and by managing entities or mutual insurance companies. If the worker refuses to undergo that control and does not attend medical examinations, he may be sanctioned by the managing entity with the termination of the benefit; furthermore, this may also result in his medical discharge - with the consequent suspension of the subsidy (known as discharge due to non-appearance ) -.
If a worker does not attend any of the appointments, the provisional suspension of the right occurs to verify whether the non-appearance is justified or not. In case of provisional suspension, the mutual insurance company grants him a period of 10 days to justify the non-appearance. If the worker does not properly prove his absence within the deadline, the benefit is definitively terminated.
In the event that the TD benefit is terminated for this reason, the affected person must return to provide services. Consequently, the company must assign him effective functions (compatible with his health condition), although he may still be affected by a physical ailment, so it is advisable to subject him to a medical examination to determine his fitness or limitations for his job position.
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