Workers on leave or temporary incapacity, as they are formally known, will no longer be required to bring medical leave to the company starting this Saturday, April 1, when the change is approved. In the last Council of Ministers of 2022.
Along with those injured as of Saturday, the measure also applies to temporary disability proceedings, which are ongoing as long as their duration does not exceed 365 days.
Until now, this copy had to be delivered to the company in a maximum of three days, a procedure that in some cases was complicated for patients.
From now on, only one copy will be given to the employee, which eliminates both the second copy for the company and the obligation of the employee to provide it to the employers, the managing entity or both.
Telematic communication between companies and social security
Starting this Saturday, it will be the administration that communicates with employers through telematics, avoiding procedures that could be “burdensome” for furloughed workers, according to the approved decree.
The doctor who issues the medical part of the discharge, confirmation or discharge will give a copy to the worker, but it will be the public health service or, if necessary, a joint or cooperative company that sends the data to the medical parts. Cancellation, confirmation and registration in the National Institute of Social Security (INSS) by electronic means. You will need to do this immediately and, in any case, on the first working day after the issue.
In turn, the INSS will transfer to the companies identification data of a purely administrative nature, related to the medical certificates of discharge, confirmation and discharge issued by the doctors of the health service or referring to their employees, “Maximum. on the first working day after admission to the said institution”.
Companies are obliged to submit the prescribed data to the INSS through the electronic data submission system (RED) immediately and in any case within three working days at the most after receiving the notification of medical leave. By order of the Minister.
In addition, the decree included another innovation, according to which the medical staff can determine the terms of medical examination less than indicated, depending on the evolution of the process, which may lead to discussions.
More about the small print relationship
On the other hand, the government took advantage of the Royal Decree of the second phase of the pension reform to introduce some changes regarding medical leave, which Limits mutual aid’s ability to try to agree on employee registration.
As of May 17, social security workers will no longer be able to contact the National Institute of Social Security (INSS) if the health service rejects their registration proposal, explains Europa Press.
In proceedings for temporary disability due to general illness (as in the case of occupational contingencies), mutual aid cannot be granted for the issuance of sick leave, confirmation report or medical discharge; But they can make registration proposals when they consider that the worker is able to work.
The Health Services Medical Inspectorate has a deadline for responding to this proposal. But, if after that you have not received any notification or it has been rejected, mutual aid can request registration with INSS. Under a change in the pension reform, mutual funds will only be able to go to INSS if they do not receive a response from the Medical Inspectorate of Health Services on a discharge proposal, but will not be able to do so if it is rejected.
The pension reform also stipulates that if there is no medical exception after the 365-day period of temporary disability leave, the temporary disability will continue automatically, without express declaration, the agency adds.
Unless extended, the disagreement procedure is maintained until a medical discharge is granted at the end of 365 days due to recovery, improvement, or failure to report for a medical examination.
Source: El Diario