Changes in the communication of medical leaves will affect in such a way that workers will no longer have the obligation to submit the sick leave to their company.
These changes are included in the modifications approved by the Council of Ministers in Royal Decree 625/2014.
From now on, it will be the doctors through the Social Security and mutual insurance companies who, together with the companies themselves, will be responsible for exchanging the necessary documents. Without the intervention of the affected worker.
It will be done immediately or from the first working day after the issuance.
The company will have the obligation to transmit through the so-called Electronic Data Remission System (RED) immediately and, at the latest, within three working days from the receipt of the notification of the medical leave, the data required for the worker to receive the corresponding benefit.
Changes in the communication of medical leaves
The main changes are described below.
Sick leave processing processes depending on the duration of the sick leave
Depending on the duration of the sick leave, there are four scenarios. Taking into account that failure to comply with these assumptions may result in a minor infraction that may entail a fine of between €70 and €750.
Firstly, in the case of a duration of less than 5 calendar days. The doctor will issue the sick leave and discharge report in the same document where the day of discharge and sick leave is indicated. A review of the day of discharge may be requested. Either if it is verified that you are already able to return to work or if you need to extend the duration.
Secondly, when we are talking about sick leave of between 5 and 30 calendar days. Again, the doctor issues the sick leave report, indicating the date of the scheduled medical check-up. This may not exceed the date of sick leave by more than seven calendar days. At the check-up, a discharge or confirmation report is issued. After this first confirmation report, if it is necessary to issue any more, they may not be issued more than fourteen calendar days apart.
Third, when the sick leave is between 31 and 60 calendar days. This case is similar to the previous one, but after the first confirmation report, subsequent reports may not be issued more than 28 calendar days apart.
Finally, after 61 days of estimated sick leave. In this case, the planned review date may not exceed the date of sick leave by more than 14 calendar days. After the first confirmation report, subsequent reports may not be issued more than 35 calendar days apart.
Changes in the management of medical leaves of absence and medical discharges
The most significant of these changes in the communication of medical leaves can be summarized in three aspects, according to the experts of our Labor Consultancy.
Firstly, there will be only one sick leave document. As of April 1, the doctor will only provide the patient with one sick leave statement. Nowadays, he provided two, one for the patient and another one for the company, so that the patient could send the corresponding copy to his company.
Therefore, the worker can relax, since he will not have to intervene in the communication process, as it will be the National Institute of Social Security (INSS), which will inform the companies. And these companies will provide the necessary data within a maximum period of three working days through the RED System. This is intended to streamline procedures and eliminate bureaucratic obligations related to temporary disability.
There is always a sanctioning regime to ensure that the process works. In this case, if companies do not provide the data required by the INSS, they may be sanctioned. The fines will range from €70 to €750 for violating the Law on Infractions and Sanctions in the Social Order (LISOS).
However, the aforementioned transmission will not be compulsory when the worker belongs to a group for which the company or employer is not obliged to join the RED system.
Finally, it is the Social Security who communicates the medical discharge. This must be done immediately to the mutual insurance company or, in any case, on the first working day following its issue.