Thursday, February 9, 2023

The employee will no longer be obliged to give his company a copy of his sick leave from April

The Royal Decree, which modifies some aspects of the management and control of temporary disability (IT), states that employees who are temporarily unable to carry out their work activity may, from April 1, be allowed to grant medical leave to their company. Will not be bound. ) procedures in the first 365 days of its term and which have been published this Thursday in the Official State Gazette (BOE).

criteria, advanced by five days and approved at the last Council of Ministers in 2022, it aims to streamline procedures and eliminate bureaucratic obligations, and will affect temporary disability procedures that are in progress at the time of its entry into force (April 1) if their duration exceeds 365 days Not there.

The government’s defense is that the changes introduced in the management of these processes represent “a significant benefit” for companies, workers and practitioners of the health system itself. Thus, with respect to sick leave and medical reports for high school, the rule establishes that only one copy shall be delivered to the employee, the second copy and the company, management unit or reciprocity to distribute this copy to the employee. Both the obligation will be abolished. ,

It will be the administration that, by telematic means, communicates to the companies to release the medical reports of their employees, thus avoiding procedures that could be a “burden” for people in case of temporary disability.

With the traditional system, which will be in place till March 31, the doctor gives the employee a paper copy of the medical report of the sick leave, confirmation and medical discharge, apart from the medical report, to present it within. A specified period in the company, which, in turn, collects some of the information required of them and sends them to the management unit.

“However, the present degree of development of computer systems makes it possible for the company to dispense with the delivery of the paper copy of the medical report to the worker and subsequently its presentation,” argues the government.

Thus, as of April 1, the physician who issues the medical leave, confirmation or leave shall give a copy to the employee, but it shall be the public health service or, where appropriate, the mutual or associate company which shall electronically submit the National Institute of Social Security (INSS) ) the data contained in the medical reports of return, confirmation and discharge. You must do this immediately, and in any case, on the first business day after its issue, as determined by royal decree.

In turn, INSS identifying data of a purely administrative nature relating to discharges, confirmations and medical certificates of discharge issued by physicians of the public health service or mutual, referring to their employees, “the most said institution in the first business day after its receipt”.

The companies shall have an obligation to transmit the prescribed data to the INSS through the Electronic Data Submission System (RED), immediately and in any case, not later than three business days from the receipt of the communication of medical leave. By order of the Minister.

Failure to comply with the above obligations may, where appropriate, constitute a minor breach of those considered in the Law on Violations and Sanctions in the Social Order (LISOS), in which case sanctioned with a fine of 70 to 750 euros. Is.

When the employee belongs to a group in respect of which the company or the employer has no obligation to join the RED system, the above transmission shall not be mandatory.

Furthermore, the Royal Decree clarifies that in IT procedures, the medical staff may set a shorter medical review period than the indicated period depending on the development of the procedure. “As such, it is about avoiding interpretational doubt due to the current wording of the standard,” explains the government.

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