The Law n° 11.340/2006, known as Lei Maria da Penha, which was created with the purpose of protecting women from domestic violence, foresees, as one of the protective measures, the granting of a medical leave to the victim. The law does not provide, however, who is responsible for making such payments – i.e. if the payment should be made by INSS or the victim’s employer.
This being said, the sixth Chamber of the STJ has filled the aforementioned legislative gap in a recent judgement, ruling that the INSS is liable for the employees’ leave. The Court highlighted that the medical leave is due regardless of the victim contributing or not for the INSS, given that the employees’ physical and psychological integrity must be safeguarded by the Government, as commanded by the Federal Constitution.
Furthermore, the decision also clarified that the work leave, in said cases, interrupts the employment agreement. Thus, although no services are being rendered, the entirety of the period comprised by the medical leave is computed as time of service, for all legal purposes.