Workers who are temporarily unable to carry out their work activity will no longer be obliged to deliver the medical leave to their company as of April 1, as stated in Royal Decree 1060/2022, of December 27, which modifies certain aspects of the management and control of temporary disability (IT) processes in the first 365 days of their duration and which was published on Thursday, January 5 in the Official State Gazette (BOE).

This rule aims to streamline bureaucratic procedures and obligations and will affect those processes of temporary disability that are in progress at the time of its entry into force, on April 1, 2023, as long as they have not exceeded 365 days in duration; It will be the public health service or, where appropriate, the mutual or the collaborating company that sends the data contained in the medical reports of discharge, confirmation and discharge to the National Institute of Social Security (INSS) by electronic means, which must do so immediately on the first business day following its issuance, as determined by the royal decree.

These are the main changes in the management of medical discharges, confirmations and discharges included in the Royal Decree approved by the Government on December 27, 2022:

  • The medical staff will only deliver a discharge, confirmation or discharge report to the user, which is the actual copy for the worker.
  • The second copy, that of the company, which will receive the information electronically, is eliminated.
  • The worker is no longer responsible for delivering the notice to the company, management entity or mutual, to avoid burdensome procedures for those who are sick or in a situation of temporary disability.
  • In the case of sick leaves of less than five days, the sick leave and medical discharge reports will be issued at the same time, as up to now. If the affected person has not recovered, they may request a review before the discharge becomes effective and the doctor may issue the confirmation statement if they are still not able to return to work.
  • Medical leave of more than 5 days will include the scheduled medical check-up date, as before. The maximum terms in which these reviews must be carried out and the subsequent ones in the event of confirmation of sick leave vary depending on whether the sick leave is between 5 and 30 days, from 31 days to 2 months or from 61 days.
  • Medical check-ups to confirm discharge or discharge may be brought forward to the established deadlines when the company or mutual society deems it necessary, depending on the evolution of the patient.

If you want more information, you can contact the addwill labor department, or if you prefer, you can contact us through our form by clicking here.

If you want more information, you can contact our Labor Department at addwill.