New Brazilian Law Grants Paid Leave for Cancer and HPV Screenings

The Brazilian government has implemented new labor legislation to increase the accessibility of preventive health screenings, specifically targeting the early detection of cancer and the prevention of Human Papillomavirus (HPV). These changes aim to reduce financial and practical barriers that often prevent the economically active population from seeking necessary medical evaluations.

Under Law No. 13,767, dated December 18, 2018, which amended Article 473 of the Consolidation of Labor Laws (CLT), employees are granted the right to be absent from work for up to three days every 12 months to undergo preventive cancer screenings. These absences are justified, meaning the employee may leave work without any loss of salary, provided the screenings are properly documented.

Employer Obligations and Public Health Integration

The legislative shift is designed to use the employment contract as a tool for public health policy. By ensuring that workers do not lose a day’s pay to attend medical appointments, the government intends to encourage the early detection of malignant neoplasms.

Recent developments further mandate that companies must actively inform their employees about these rights. This transparency is intended to ensure that the workforce is aware of the legal protections available for cancer screenings and vaccinations, preventing a lack of information from hindering preventive care.

Broadening the Scope of Cancer Care

These labor updates complement broader national efforts to support patients with cancer. On March 30, 2022, the Brazilian government sanctioned the Statute for Persons with Cancer, a federal law based on principles of human dignity, equality, and non-discrimination.

The Statute guarantees several critical rights for patients, including:

• The right to early diagnosis and clear information regarding the disease and its treatment.
• Access to free, equitable, and universal treatment.
• Priority of care, while respecting existing preferences for clinical emergencies, pregnant women, the elderly, and persons with disabilities.
• Social and legal assistance.
• Free home care and hospitalization within the scope of the Unified Health System (SUS) on a case-by-case basis.
• Educational support for children and adolescents, whether provided in a hospital setting or at home.

Focus on HPV and Specific Screenings

The updated regulations specifically emphasize the importance of screenings for HPV, a primary cause of various cancers, as well as breast and prostate cancer. By integrating these specific health needs into the CLT’s list of justified absences, the government seeks to normalize preventive care for both men and women in the workplace.

The inclusion of Item XII in Article 473 of the CLT is viewed as a significant social advancement, as it acknowledges the necessity of early intervention in the fight against cancer. The goal is to remove the scheduling and financial difficulties that typically represent a barrier for the working population.

Remaining Gaps in Labor Support

Despite the advancements in cancer prevention laws, some gaps in the Consolidation of Labor Laws remain. While employees now have three days for their own cancer prevention, other family-related support remains limited. For example, current CLT regulations only allow for one day of absence to accompany a child, highlighting a discrepancy between individual preventive health rights and broader family support structures.