Oct 29, 2026 · 3 min read · Labour and Employment Law
Gambling addiction is a recognised illness and can lead to sick leave paid by Brazil's social security (INSS), like any other incapacity. For employers, this changes how absences, falling performance and even dismissal decisions should be handled. With the spread of online betting, the issue is no longer rare for HR.
An illness, not a character flaw
The World Health Organization's International Classification of Diseases (ICD-11) includes gambling disorder under code 6C50. It is marked by loss of control over gambling, which takes priority over other activities and continues despite harm. As with other addictions, the diagnosis is medical, not a manager's call.
How sick leave works
- The first 15 consecutive days of leave for incapacity are paid by the employer (Law 8,213/1991, Art. 60, § 3).
- From day 16, the employee undergoes an INSS medical assessment to receive the temporary incapacity benefit.
- While the benefit lasts, the employment contract is suspended: no salary is paid, but the relationship continues (Labour Code, Art. 476).
- Absences for the same illness within a short period may be added together to reach the 15 days. Occupational health should track medical certificates.
The 12-month job protection after return (Art. 118 of Law 8,213/1991) applies to workplace accidents and occupational diseases. Gambling disorder is generally not work-related, although that link may be argued in specific situations.
Be careful with dismissal for cause
The Labour Code still lists "habitual gambling" among the grounds for dismissal for cause (Art. 482, item l). The text dates from 1943. For years the labour courts have treated chemical dependency, such as chronic alcoholism, as an illness that calls for treatment rather than punishment. The same argument tends to arise when the problem is compulsive gambling.
There is a further risk. Precedent 443 of the Superior Labour Court presumes discriminatory the dismissal of an employee with a serious illness that carries stigma or prejudice, and Law 9,029/1995 prohibits discriminatory practices in employment. Dismissing someone right after learning of the diagnosis, with no other documented reason, may lead to claims for reinstatement and damages.
Signs that tend to appear first
- Frequent requests for salary advances or loans.
- Using a phone to place bets during working hours.
- Repeated absences and lateness, especially around big matches.
- Falling performance and conflict with colleagues.
- In roles that handle money, cash discrepancies.
None of these signs is a diagnosis. They help managers refer the conversation to occupational health or HR, not label the employee.
What the company can put in place
- A clear policy on phone use and access to betting sites on company equipment.
- A referral path: who the manager contacts and how the conversation is recorded.
- The topic covered in the occupational health programme (NR-7) and in risk management, which since the update to NR-1 includes psychosocial risks.
- Care with payroll deductions: only those provided by law, collective agreement or authorised by the employee (Labour Code, Art. 462).
- Dual-control rules in roles that handle cash or payments.
Health data is sensitive
Diagnoses, medical certificates and treatment information are sensitive personal data under Brazil's data protection law (LGPD, Art. 11). Access should be limited to those who need it, such as occupational health and HR, and they should not circulate in managers' group chats or open e-mail threads.
Each situation depends on the role, the documents and the company's routine. Any analysis should start from the specific case.
Informational content only. It does not constitute legal advice or a legal opinion.