From January 1, 2023, thanks to Royal Decree 1060/2022THE workers temporarily disabled due to illness or accident They no longer have the obligation to submit the sick leave report to their company. This task now falls to the National Institute of Social Security, collaborating mutual societies or public health services, which are responsible for communicating this information to the employer, thus exempting the worker from having to go to their place of work during the work period. sick leave period. However, it is recommended that workers review their collective agreementsince certain internal regulations may contain additional provisions which concern them during their temporary incapacity.
In some cases, these employment agreements They require that the employee inform his company of his absence, but he is not required to provide the medical report. Failure to comply with this obligation could be considered a offensewith sanctions provided for by the agreement itself. In addition, the employer will receive any notification relating to the extension or extension of the leave directly from the above-mentioned bodies. So, even if the presentation of the report is no longer workers’ responsibilitycertain information obligations, according to the agreements, could remain in force for avoid work conflicts.
Changes to sick leave
Workers who suffer temporary disability due to illness or accident They are no longer obliged to personally hand over their share of leave to the company. This management now falls to the National Institute of Social Security, Mutuality and Public Health Services, responsible for communicating the status of the worker to the employer. However, some collective agreements still require the employee to report their absence, and failure to comply with this obligation may be considered a violation, even without the need to submit a sick leave report.
“Flexible leave”
On the other hand, following the criticism aroused by the proposal for “flexible leave”the Ministry of Social Security has corrected its approach. From now on, instead of proposing relaxations in terms of temporary incapacity, we are talking about a gradual return to work, under medical supervision, after discharge. This proposal aims to prevent workers, especially those suffering from prolonged processes, such as cancer patients, from abruptly returning to full-time work. Instead, a gradual return is suggested, combining recovery and adapted employment.
Unions initially opposed the concept of “flexible leave”, calling it irresponsible. CCOO and UGT highlighted the lack of “voluntariness” in work relationsarguing that decisions regarding reinstatement should prioritize the worker’s health and be determined by a doctor. After the controversy, the government removed mentions of volunteering, emphasizing that any gradual reintegration must always be approved by a doctor.
The ministry said the proposal is in a very preliminary phase and will continue to be developed under the social dialogue with unions and employers. The ultimate goal, according to the government, is not to cut spending, but to improve worker protection, ensuring that the return to work is safe and not rushed.
Temporary disability
THE joint sick leave They cover health problems not related to work, such as the flu, while work-related sick leave is due to professional activities. They must also be distinguished from sick leave due to work accidents, which covers incidents occurring at the workplace or during the journey to it. Finally, maternity or paternity leave grants 16 weeks of rest with 100% pay.
To request a withdrawal, it is necessary to meet conditions such as be affiliated to Social Securityhave contributed 180 days over the last five years and have a medical report. Depending on the reason for the leave, the costs are covered by Social Security, mutual insurance or the company. The application process begins with a visit to the Social Security doctor, who determines whether the leave is for professional reasons or not. The medical report is sent to the INSS which informs the company.
THE economic benefits vary depending on the cause. For current unforeseen events, 60% of salary is received from the fourth day of sick leave until the 20th, then 75%. For professional unforeseen events, the worker receives 75% of the salary from the first day. Collective agreements can enhance these benefits.
The leave may initially last six months, but can be extended if the worker cannot return. After 18 months, the INSS assesses whether it is necessary to declare a permanent disabilitywhich can be total, partial, absolute or serious.
In 2024, a series of reforms that modify the management of the injuredincreasing the role of mutual insurance companies in their care, particularly in areas such as trauma. The aim is to make the system more efficient, reducing waiting times and ensuring specialist treatment. However, Social Security doctors remain responsible for the diagnosis, determining the duration of sick leave and determining discharge. For businesses, these reforms aim to reduce costs linked to prolonged absences and provide greater certainty on recovery times.
