New in medical leave: the report will not be required to be provided to the company and can be reviewed
From next April, the company will no longer provide part of the medical leave. The Official State Gazette (BOE) this Thursday published a decree with news regarding temporary disability procedures, which the government approved at the last Council of Ministers. Among the most important changes are the end of the obligation for workers to bring medical leave to the company, as well as a free way to check sick patients to extend discharge.
The news published today will take effect on April 1, “the first day of the third month after publication” in the BOE, and will also apply to medical leaves already in effect at that time, which do not exceed 365 days.
Goodbye to the low part
The resolution emphasizes that the central element of the regulation is the termination of the employee’s obligation to submit sick leave to the company, which now had to be done in a maximum of three days. From the date of entry into force, communication with employers will be administered through telematics.
“The current level of development of computer systems allows us to refuse to provide a paper copy of the medical report intended for the company to the worker and to submit it to the latter by the former,” the lawmaker believes. Thus, doctors issue only one copy of the leave to the worker himself, instead of two before (with a paper intended for the company).
The administration informs the company about the leave processes, and companies must also contact it electronically to provide “additional data it needs to manage and control the temporary disability condition and related benefits.” Compensation in price, if possible.
“The worker avoids bureaucratic obligations that, precisely because they are on temporary disability, can be heavy,” which has been reinforced by the experience of COVID-19, the resolution recalled.
Preliminary medical examination for discharge
The rule introduces another important element: a new clause that paves the way for medical examinations of people on temporary disability, which may allow early discharge arrangements.
At the moment there are different deadlines for medical examinations, which are now clearly stated as “maximum” deadlines and doctors can submit them.
“During any proceeding under this section, the physician of the public health service, cooperative company, or mutual aid may order an appropriate medical examination within a shorter period than specified in each case,” the rule adds. “This is about avoiding possible interpretative doubts,” the legislator asserts in the new resolution.
The timelines for review, already in place and now emphasized as being “maximum”, are:
- Allow 5 to 30 calendar days: First review within a maximum of 7 days from the date of withdrawal and thereafter at a maximum of every 14 days.
- Leave 31 to 60 calendar days: First review within a maximum of 7 days from the date of cancellation and no later than every 28 days thereafter.
- Leave of 61 calendar days or more: First review within a maximum of 14 days from the date of cancellation and every 35 days thereafter.
In common illness processes, it is the public health service that dismisses workers, but in sick leave for occupational contingencies, such as an accident at work, it is the mutual insurance companies that manage the dismissal and dismissal of employees.
In addition, in cases where companies have arranged to manage common contingencies through mutual aid, although public health services are still responsible for attendance and registration, the mutual aid may call employees for medical examinations. If they consider that the person is fit for work, the representatives of the mutual aid can make a proposal for medical discharge, to which the inspectorate of the health service must respond within a maximum of five days.
In recent years, the powers to manage medical leave have been taken over by mutual employers, business associations that cooperate with social security. Although one of the biggest demands of the employer is not met, they can also be exempted from common disease processes.
Source: El Diario
Leave a Reply