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Gambling addiction at work: rising sick leave in Brazil and HR's role

Sick leave for pathological gambling went from 67 in 2023 to 361 in 2025, says Brazil's Labor Ministry. See what the betting ban changes and how HR can help.

By Tirvu Team·October 31, 2026·10 min read

The number of workers on sick leave granted by INSS (Brazil's social security institute) for pathological gambling grew more than fivefold in two years: 67 in 2023, 157 in 2024 and 361 in 2025, according to a study by the Ministry of Labor and Employment (MTE) released on October 28, 2026. The cases are mostly linked to online betting on the sites and apps that Brazilians call bets. The figures come a month after Medida Provisória (MP) 1.394/2026, a provisional measure with the force of law, banned fixed-odds betting in the country and took the sites offline on October 6.

For HR, the issue does not end with the ban. Addiction is a health condition that calls for treatment, and the debt it often leaves behind does not go away when the app goes offline. Both reach the workplace as absences, medical notes, lower performance and requests for salary advances.

This article reflects the legislation and the official information available on its publication date.

What the MTE study shows

The survey was carried out by the MTE's Undersecretariat of Labor Statistics and Studies (SEET). It counts the temporary incapacity benefits granted by INSS with code F63.0 of the International Classification of Diseases (ICD-10), pathological gambling, as the main or secondary diagnosis.

Year	Workers on leave for pathological gambling
2023	67
2024	157
2025	361

Because there are still few cases, the profile was calculated for the three years combined, among workers with an active employment contract:

Sex: 71% men and 29% women;
Age: 44.1% aged 30 to 39, 22.8% aged 40 to 49 and 17.1% aged 25 to 29;
Sector: 54% in services, 23% in industry and 20% in commerce.

The absolute numbers are small, but they only show the tip of the iceberg. INSS only steps in from day 16, because the employer pays the first 15 days of sick leave (Lei 8.213/1991, art. 60, § 3). Absences, short medical notes and lower performance do not show up in these statistics, but they weigh on schedules and payroll. And the services sector, which includes security, cleaning, reception and facilities, accounts for more than half of the cases.

What changed with the betting ban

MP 1.394/2026 was published in a special edition of the Diário Oficial da União, Brazil's official gazette, on September 25, 2026. It bans the operation, offering, intermediation and advertising of fixed-odds betting, both on real sporting events and on online games, and amends Lei 14.790/2023, the law that regulated the sector. The timeline was as follows:

September 25: new deposits banned;
By October 5, at 11:59 p.m.: deadline for bettors to withdraw their balances;
October 6: sites and apps taken offline, including from app stores;
By October 14: banks return the remaining balances;
October 25: the companies' authorizations end.

An MP is valid as law from publication, but Congress must approve it or it lapses. The deadline is 60 days, extendable for another 60. According to the MP's page on the National Congress website, the first period ends on November 23, the MP moves to an urgency procedure on November 9, and the joint committee that must examine it had yet to be set up, with 99 amendments filed. The text may still change.

For HR, the dispute over the MP matters less than its effect on teams. In the measure's own statement of reasons, the government links problem gambling to debt, anxiety, depression, social isolation and a higher risk of suicide.

Addiction is a health issue

Pathological gambling has its own ICD code and free care in SUS, Brazil's public health system. Since March 2026, Meu SUS Digital, the SUS app, has offered remote psychological care to people with gambling problems, in its Miniapps section. On August 4, capacity went from 600 to up to 100,000 consultations a month, according to the Ministry of Health. Consultations are by video, last about 50 minutes and preferably take place once a week, in an initial cycle of up to ten sessions. The service is confidential and is also open to family members.

In person, the entry point is the primary care unit (UBS), with referral to psychosocial care centers (CAPS) when needed. The country has 3,120 CAPS in operation, according to the ministry.

The Ministry of Health's national campaign on the harms of online betting lists these warning signs:

hiding or lying about the time or money spent on betting;
trying to win back losses by betting again;
putting bills, salary or savings at risk;
changes in sleep, mood or routine;
neglecting important activities;
family conflicts over betting.

At work, these signs can show up indirectly: repeated absences and late arrivals, frequent requests for salary advances, money borrowed between coworkers, lower performance. None of them proves addiction. They are a reason to open a supportive conversation, never to accuse or expose anyone.

Dismissal for just cause: the CLT says one thing, the courts debate another

The CLT, Brazil's Consolidated Labor Laws, still lists the "constant practice of games of chance" ("prática constante de jogos de azar") among the grounds for dismissal for just cause (art. 482, item "l"), alongside "habitual drunkenness or drunkenness on duty" ("embriaguez habitual ou em serviço", item "f"). According to a July 2026 report by Folhapress, the news agency of the Folha de S.Paulo newspaper, a group of justices at Brazil's Superior Labor Court (Tribunal Superior do Trabalho, TST) is considering applying the approach used in alcoholism cases to gambling that is proven to be pathological: since 2012, one of the court's súmulas, or consolidated precedents, has presumed that dismissing a worker with a stigmatizing illness is discriminatory.

The issue reached the TST through an appeal by a worker from Santos, in São Paulo state, who is trying to overturn a dismissal for just cause. The appeal was assigned to a rapporteur in June, and the debate was expected in the second half of the year. Justice Alexandre Agra Belmonte summed up the question: "We need to distinguish, using technical criteria, between what is reprehensible behavior and what is a clinical condition that requires protection."

In regional labor courts, outcomes vary. In Vitória, in Espírito Santo state, a hotel was ordered to reinstate an employee dismissed for excessive cell phone use, negligence and gambling addiction; the case ended in a settlement, with compensation instead of a return to the job. In Rio Grande do Sul, the expert examination did not prove addiction, and the court upheld the dismissal for just cause of an assistant accused of stealing R$53,600.

In practice: if you suspect addiction, refer the person for a medical assessment before any disciplinary action and document the support offered. Serious misconduct is still serious misconduct, but the decision should go through your legal team.

Leave, medical notes and confidentiality

Who pays: the employer pays the first 15 days of leave; from day 16, INSS pays the benefit if its medical examination confirms the incapacity.
ICD code on medical notes: physicians only record the diagnosis for just cause, a legal duty or at the patient's request, with the patient's consent stated on the document (Resolução CFM 2.381/2024, from Brazil's Federal Council of Medicine). Do not make accepting a medical note conditional on the ICD code.
Confidentiality: under the LGPD, Brazil's General Data Protection Law, health information is sensitive personal data (art. 5, II). Access is limited to those who need it, such as HR and the occupational physician, and the diagnosis is not discussed with the team.
Return to work: under NR-7, the occupational health standard, after an absence of 30 days or more due to illness, the return-to-work exam must take place before the person resumes their duties. Agree with the manager on how the first weeks will go.

Debt and payroll deductions

Debt often reaches the payroll department. Under the CLT, as a rule, the only deductions an employer may make from wages are advances and amounts provided for by law or by a collective agreement (art. 462). Payroll loans under Brazil's Crédito do Trabalhador program, for example, are deducted from pay within the limits set by law, as we explain in Crédito do Trabalhador: Brazil's new rules for payroll loans and FGTS.

Some measures help without intruding on anyone's private life:

clear rules for salary advances: when, how much and how often;
financial education in plain language, without lecturing;
guidance on renegotiating debt and on how payroll loans work before taking one out;
an explicit ban on managers asking for money, brokering loans or encouraging betting within the team. The Folhapress report cites a case in São Caetano do Sul, in São Paulo state, of supervisors who induced subordinates to transfer money for online betting.

What to do now

Include betting in the mental health policy, treating addiction as a health issue, not a disciplinary one
Prepare managers to notice signs, offer support and refer, without diagnosing or exposing anyone
Publicize the support channels: Meu SUS Digital remote care, UBS, CAPS, the health plan and the company's medical service
Review the disciplinary process with the legal team: a medical assessment before any penalty when addiction is suspected
Handle medical notes and leave confidentially, with restricted access to health data
Set rules for salary advances and report any pressure from managers for money or betting to the whistleblowing channel
Follow the vote on MP 1.394 in Congress

Frequently asked questions

Can an employee who bets be dismissed for just cause?

The CLT lists the "constant practice of games of chance" as grounds for dismissal for just cause (art. 482, "l"). When there is a diagnosis of pathological gambling, however, the dismissal may be considered discriminatory, and the TST is discussing applying the approach used for alcoholism. Before taking any action, refer the person for a medical assessment and consult your legal team.

Are workers on leave for gambling addiction paid by INSS?

The employer pays the first 15 days. From day 16, the worker can receive the temporary incapacity benefit if the INSS medical examination confirms the incapacity. These are the benefits, with code F63.0, that the MTE counted in its study.

With betting sites banned, is the problem over?

Not necessarily. Congress still has to vote on the MP, and addiction and debt do not end when the sites close. SUS remote care remains available, including for family members, and illegal betting offers can be reported on Fala.BR, the federal government's complaints channel.

Conclusion

Cases of sick leave for gambling addiction are still few, but they have grown fast, and the ban on betting sites does not, on its own, solve what has already reached teams. For HR, the path is the same as for mental health: prepared managers, support channels that people know about, confidentiality and caution before any penalty. For the bigger picture, see Mental health leave hits a record in Brazil: what HR can do.

Want to track absences, medical notes and leave by site and act before the problem grows? Talk to the Tirvu team and see TIRVU+ working in your own operation, with absenteeism dashboards, AI doctor's notes and climate and psychosocial-risk surveys in one system.

Sources

This content is for informational purposes only and does not replace specialized legal advice.

#gambling addiction
#online betting
#mental health
#sick leave
#dismissal for just cause
#debt

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