Is burnout a work-related illness in Brazil? Rights, leave and the new NR-1 on psychosocial risks

Burnout syndrome — professional exhaustion caused by chronic stress at work — is on the Brazilian Ministry of Health's List of Work-Related Illnesses. When the link to work is recognized, it is treated as a work accident: INSS (social security) leave is an accident benefit, FGTS (the Severance Indemnity Fund) continues to be deposited and the worker has 12 months of job security on returning. Since May 26, 2026, employers have also been inspected under NR-1 for how they manage psychosocial risks.

Quick summary

• Classification: burnout appears in ICD-11 (QD85) as an occupational phenomenon and on the List of Work-Related Illnesses (Ordinance GM/MS 1,999/2023).
• Occupational disease is treated as a work accident (Law 8,213/1991, art. 20).
• Leave: more than 15 days → INSS benefit, which may be an accident benefit (B91).
• Job security: 12 months after the accident benefit ends (art. 118).
• NR-1: Occupational Risk Management now includes psychosocial risks, with inspections since 05/26/2026.
• Compensation: moral and material damages are available when the employer is at fault.

What NR-1 requires from employers

Regulatory Standard 1 requires employers to identify, assess and control work risks in the Risk Management Program (PGR). With the update, psychosocial factors are included, such as:

• abusive targets and constant overload;
• excessive hours and lack of breaks;
• moral and sexual harassment;
• unclear roles and lack of autonomy;
• conflict and violence at work.

After successive postponements, the inspection phase began on May 26, 2026. Failure to comply can lead to a violation notice from the Ministry of Labor.

Warning signs

• Exhaustion that rest does not relieve.
• Detachment, cynicism or irritation toward work.
• Drop in performance, insomnia, anxiety attacks.

Seek medical or psychological care — in the public health system (SUS), through CAPS centers and primary care. The diagnosis is made by a doctor.

Step by step to your rights

1. See a doctor and ask that the certificate or report record the diagnosis and, where applicable, the link to work.
2. Ask the employer for the CAT (work accident report); if it does not issue one, you, the union or the doctor can — see Work accidents and CAT.
3. Leave longer than 15 days: apply for the benefit through Meu INSS — see Sickness benefit.
4. Keep evidence of working conditions: targets, messages outside hours, working hours, pressure — see Evidence in a labor case.
5. Report harmful conditions to the Ministry of Labor or the Public Labor Prosecutor's Office (MPT) if they affect several colleagues.

Frequently asked questions

Does burnout give job security?

Yes, when it is recognized as a work-related illness and there is leave with an accident benefit: 12 months after returning.

Can the employer dismiss me because I had burnout?

A dismissal motivated by the illness may be considered discriminatory — see Discriminatory dismissal.

Does burnout give the right to compensation?

It can, when it is proven that working conditions caused or worsened the illness and the employer was at fault.

Read more in this series

• INSS sickness benefit in 2026
• Workplace bullying: what it is, examples and how to prove it
• Job security: who is entitled and for how long
• Discriminatory dismissal: when firing is illegal
• Index: complete guide to labor rights