Elma Saiz’s initiative to reform temporary disability has sparked mixed opinions due to the new flexible medical leave formula. Voluntary reintegration and partial work have been put on the table, even with few details, and businessmen, economists and mutual societies positively promote the idea. Government’s intention to tackle growing sick leave problem. Even if the unions are reluctant to negotiate this measure, employers and various sectors of activity adhere to this reform. They consider that it would be a useful tool to analyze in depth the evolution of temporary incapacity and would make it possible to resolve absenteeism problems. Lawyers and mutual societies warn, however, that the reform must provide legal certainty to all parties, companies and workers, by placing the specialist doctor at the center of decision-making.
In distribution, the socio-health sector, industry and construction suffer from high rates of absenteeism due to sick leave and appreciate the government’s intention to try to solve the problem with the new formula (not in Europe ) of flexible sick leave, as they tell “elEconomista.es”. In any case, companies also explain the uncertainty that flexible leave would cause in the organization of their workforce, with the difficulty of partially replacing an employee.
Ignacio García Magarzo, general director of the Spanish Association of Distributors, Supermarkets and Supermarkets (Asedas), represents a sector that already expressed concern to former minister José Luis Escriva in 2021 about the evolution of the balance sheet. Consider that “the proposal opens a very important debate in society”. “The way in which absenteeism has increased is a very serious problem in society and in all sectors, including ours,” says García Magarzo, who emphasizes that recovery processes are problematic.
Losses and staff absenteeism arouse concern in the business world, it is a reality. Francisco de la Torre, economist and Treasury inspector, emphasizes that “high” absenteeism rates generate a productivity problem. The population in general and, in particular, those of working age are aging and this also has an influence.
“Leave and absenteeism are the main causes of reduced productivity”confirms Pedro Fernández Alén, president of Construction (CNC). “Small and medium-sized businesses are the most affected by sick leave and absenteeism, which means slowing down and, in the worst case, stopping work,” the businessman tells this media, in line with other voices. Fernández Alén considers that “flexible sick leave is one of the solutions to increase productivity and reduce absenteeism at work, provided that there is medical control and voluntarism on the part of the worker”.
Pedro Pablo Sanz, speaks on behalf of the mutual collaborators of Social Security, as general director of the Association of Occupational Accident Insurance Companies (AMAT). They are still waiting for the content and details of the future proposal, while welcoming anything that would involve reducing recovery processes and easing an annual bill that, according to them, is already expected to reach almost 30 billion this year. They are reaching out to the government to strengthen the role of mutual insurance companies beyond the agreements with the LACC resulting from the last reform. They emphasize that they will have to evaluate the pros and cons of IT reform and pledge to prioritize workers’ health.
The economist Javier Santacruz believes that the proposal to open the debate is logical, since there are precedents for flexible unemploymentwhere people can receive unemployment benefits and work at the same time through part-time contracts. He suggests that if illnesses do not prevent certain forms of teleworking or non-physical activities, and even if they are adaptable physical jobs, “it makes sense to consider a similar measure in Spain”.
He affirms that this proposal reflects a real statistical situation: sick leave has exceeded one million and, in percentage terms, this figure is double what it was a few years ago in relation to the total number of employed people. This increase could indicate an increase in absenteeism or a proliferation of mental illnesses such as stress and anxiety. Data from mutual insurance companies reveals a sharp increase in sick leave due to mental illness.
In any case, Santacruz considers the proposal to address the issue of absenteeism at work to be a “survey balloon” and suggests that its evolution will have to be observed in negotiations between employers and unions. The CEOE employers’ union has already opened itself to discussing it, but not the centrals, which refuse to negotiate it during this Monday’s meeting.
Legal jurisdiction and alternatives
Minister Saiz’s proposal goes hand in hand with what her portfolio has done with social agents: flexibility, partiality. The best example is the latest reform of partial retirement, which allows you to partially receive the pension while partially abandoning employment for a certain period. But how can this reform be adapted?
“We should make a reform of the social protection system for sick leave, they are today all incompatible with work”explains Jesús Lahera, professor of labor law and social security at UCM and member of the board of directors of Asnala, the trade union association. “It would be necessary to articulate sick leave which, according to medical criteria, can be compatible with work and to be part of the organization of the company with an agreement between the company and the worker for this to be possible. Prevention professional risks would be of great importance in these agreements,” he emphasizes.
“Progressive reintegration can be positive, for example in cases of mental illness or trauma,” believes Lahera. “The possibility of being able to do this should be open, always under medical criteria without putting the worker in danger. It seems positive to me that he is joining us,” he said.
“There are more and more jobs that can be developed, even if we are not 100% ready,” said De la Torre. “Almost all of us went to a study or work center, even if we were not in perfect health, provided that the disease was not contagious. It would be interesting to explore this possibility, always looking for the maximum consensus of social agents,” he adds.
Lahera also opens the door to teleworking toolthat “there are today enough opportunities in certain professions to continue working. Social benefits could even be replaced by the full salary.” Potential beneficiaries of flexible sick leave could, in this sense, focus on Administration staff, since almost half of them accept remote work.
Unions refused to negotiate sick leave and prioritize other elements of social security. From the Nurses Union (Satse)its spokesperson Paloma Repila emphasizes that the group’s assessment is “premature” and considers the proposal a “sounding balloon that has put us all on alert”. They are waiting, like everyone else, to know in detail how the Executive intends to develop the measure.
The social and health sector suffers from absenteeism due to work overload, particularly in musculoskeletal and mental cases, he explains. Several voices are being raised to demand more precision from the Executive. “The little that was harvested, This puts us on alert and we are absolutely opposed to it because it generates a lot of insecurity in us. »they emphasize. They are directly committed to improving existing processes and not implementing radical reform. “What attracts our attention is that the government thinks that workers can work halfway,” they criticize.
