UPDATES ON temporary disability (IT)

OBLIGATION TO SUBMIT SICK LEAVE CERTIFICATES FOR temporary disability (IT)

Royal Decree 1060/2022 has established that as of 1 April 2023 employees are no longer required to hand over to the company:

• Medical sick leave certificates for temporary disability (IT)
• Medical continuation certificates for temporary disability (IT)
• Medical fit-to-return certificates for temporary disability (IT)
  
  

Written by Josep Conesa

Employment and insolvency lawyer

Learn more

The employee still has an obligation to notify the company of their illness, but is not formally required to submit the medical certificates.

It is the National Social Security Institute (INSS) that will transmit to the company electronically all the information from the "FIE/FIER" files within the RED system, no later than the working day following receipt, and the company will be able to download the medical certificates.

Issuance of the temporary disability (IT) sickness certificate: this will be issued immediately following the medical examination, by a physician from the Public Health Service or by one from the mutual insurance society (mutua) in cases arising from a work-related accident or occupational illness. If the estimated duration is very short, both the sickness certificate and the discharge certificate will be issued at the same medical appointment.

Issuance of temporary disability (IT) confirmation certificates: 

• If the estimated duration is short: 
  • 1st certificate: no later than 7 calendar days from the start date
  • 2nd and subsequent certificates: no later than every 14 calendar days
• If the estimated duration is medium: 
  • 1st certificate: no later than 14 calendar days from the start date
  • 2nd and subsequent certificates: no later than every 28 calendar days
• If the estimated duration is long: 
  • 1st certificate: no later than 7 calendar days from the start date
  • 2nd and subsequent certificates: no later than every 35 calendar days

Issuance of temporary disability (IT) discharge certificates:

This will be issued by a physician from the Public Health Service or the National Social Security Institute (INSS), who will provide a copy to the employee (or the mutual insurance society will provide the employee with a copy of the discharge certificate in cases of common contingency), and will be transmitted electronically without delay (on the first working day following issuance) to the National Social Security Institute (INSS).

The Public Health Service will notify the National Social Security Institute (INSS) electronically of the date on which the 365-day limit is exhausted, without delay (on the first working day). In cases of occupational contingency, when the last confirmation certificate prior to the exhaustion of the 365 calendar days of duration is issued, it will indicate that monitoring responsibility passes to the National Social Security Institute (INSS). 

New situations of temporary disability (IT) arising from common contingency:

Organic Law 1/2023, of 28 February, establishes the following with effect from 1 June 2023:

Sick leave for incapacitating menstruation:

A situation is considered incapacitating where the inability to work results from dysmenorrhoea caused by a previously diagnosed medical condition.

The subsidy will be paid by Social Security from the first day of sick leave from work 

SICK LEAVE FOR VOLUNTARY OR INVOLUNTARY TERMINATION OF PREGNANCY:

This covers leave arising from the termination of a pregnancy, whether voluntary or not, whilst the employee is receiving healthcare from the Public Health Service and is unable to work.

The subsidy will be paid by Social Security from the day following the first day of sick leave from work, with the employer responsible for paying the full salary corresponding to the first day of sick leave. 

Sick leave from week 39 of pregnancy:

This is a special situation of temporary disability (IT) for common contingencies applicable to pregnant employees from the first day of the thirty-ninth week of pregnancy.

The subsidy will be paid by Social Security from the day following the first day of sick leave from work, with the employer responsible for paying the full salary corresponding to the first day of sick leave. 

Consult our Payroll and Social Security Adviser:

For any queries, please contact our specialists: