Since the beginning of 2025, Brazil has adopted the World Health Organization’s (WHO) new International Classification of Diseases (ICD-11), and among its changes is the inclusion of burnout syndrome in the list of occupational diseases. According to a survey by the National Association of Occupational Medicine (Anamt), about 30% of employed people in the country suffer from this syndrome. According to the study, Brazil ranks second in the world in terms of the number of infections. This information comes from the Federal Council of Nursing (Cofen).
Andre Bessitsa, a lawyer specializing in social security law, says that in recent years the speed of work has increased and the demand for quick results has also increased. “People are always connected, but often without enough emotional or organizational support. Companies still have difficulty dealing with mental health, and workers end up pushing themselves until their bodies and minds ask for help,” he analyzes. Still, experts say the situation has worsened after the pandemic, with many workers now unable to differentiate between time spent working and time spent resting.
Increased absencesThis syndrome has already given rise to layoffs and severance pay concessions in Brazil, and was supported by both the National Institute of Social Security (INSS) and court decisions. According to Agencia Brasil, the total number of leaves due to burnout increased significantly from 2020 to 2023, increasing fourfold over this period. In 2023 alone, INSS counted 421 benefits granted, which represents an increase of more than 1,000% compared to 2014. Experts in social security law explain that the inclusion of this syndrome in the list of occupational diseases means that workers on leave due to burnout have the same rights as workers who have suffered an accident at work. Absence from work is therefore now classified as sick pay (B91), ensuring that the period away from work counts towards retirement, and guaranteeing job security for 12 months upon return. “It is important to recognize that mental health is also part of the work environment,” he added. As Andre points out, anyone who needs to take time off due to burnout is entitled to sick pay paid by INSS, as long as the leave lasts for more than 15 days. The attorney also emphasized that benefits can be classified as contingent if the cause is proven to be work-related. “This is where additional rights come into play, such as stability for 12 months after return and counting of contribution periods. During leave, the worker also cannot be dismissed for cause and his relationship with the company remains valid,” he elaborates.
How to apply for benefits
If a worker is diagnosed with burnout, he or she must follow the advice of a lawyer, notify the company, and present the diagnosis. If you are absent from work for more than 15 days, your company must issue a Occupational Accident Report (CAT), even if no physical accident has occurred. “The worker must then schedule an INSS test, present all medical documents, and wait for analysis. Ideally, one should not face this alone, and seeking the guidance of a professional lawyer can be very helpful in avoiding mistakes that delay or deny benefits,” he informs. To prove the state of burnout and apply for Social Security benefits, experts emphasize that employees need to collect documentation proving the diagnosis and the impact on their ability to work, such as:
- Detailed medical reports and reports.
- Supplemental exams (if any).
- Recipes and treatment records.
- Statements from psychologists and psychiatrists.
“The more complete and technical the documentation, the better. INSS experts must understand that the workers will not be able to actually carry out the activity at that time,” he added.
Rights and mental health care
For professionals facing burnout but afraid to seek their rights for fear of losing their jobs or facing retaliation, Andre emphasizes that seeking help and exercising legal guarantees is the responsible thing to do for yourself and your family. He remembers that this syndrome is treatable and that INSS support exists to ensure sufficient conditions for recovery without financial pressure.
“Burnout is not a sign of incompetence, but a reflection of work models that still need to change. Companies and managers have a fundamental role in this: to create a more human environment, where performance and well-being are closely related. And workers need to remember something important: they have rights, but they also have limits, and respecting them is the first step to taking care of themselves,” concludes Andre Bessitsa.
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