On January 5, 2023, Royal Decree 1060/2022, of December 27, was published in the BOE, which modifies Royal Decree 625/2014, of July 18, which regulates certain aspects of management and control of processes due to temporary disability.
The changes introduced that have entered into force on April 1, 2023, are intended to streamline procedures and eliminate bureaucratic obligations and will apply to both new temporary disability (IT) processes, as well as those that are currently in progress and not have exceeded 365 days in duration.
The most notable developments are:
- Suppression of the worker’s obligation to receive and present the copy of the IT medical report that was intended for the company.
- The obligation of companies to transmit information to the INSS in successive confirmation and registration reports is abolished. They will only have to send the INSS the economic data in the medical leave certificates.
We detail below the modifications applied in the procedure for processing, communications and remittance of data:
1- The doctor who issues the IT medical reports: will only deliver a copy of these to the worker, who no longer has the obligation to receive or present the copy that was for the company.
2- The SPS, mutual insurance companies and collaborating companies: now they send immediately via telematics, the data of medical leave reports, confirmation and discharge to the INSS on the first business day after its issuance.
3- The National Institute of Social Security: must communicate to the companies via the INSS Companies Files -FIE and FIER-, the merely administrative identification data related to the medical reports of leave, confirmation and discharge issued by the service physicians public health or mutual, referring to their workers, at most, on the first business day after receipt.
4- Companies: they must transmit to the INSS through the RED system within a maximum period of three business days from the receipt of the communication of medical leave, the data determined by ministerial order. The transmission will not be mandatory when the worker belongs to a group with respect to which the company or employer has no obligation to join the RED system.
5- The National Institute of Social Security: will immediately forward to the health mutual insurance companies, on the first business day following its receipt, the medical reports and the data communicated by the companies, by means of a computer file.
6- The National Institute of Social Security: will provide information to the General Treasury of Social Security (TGSS), when necessary, regarding workers who are on temporary disability, with or without the right to economic benefits, during each contribution settlement period. This will enable the General Treasury of Social Security to take the necessary actions to offset, if applicable, the amounts paid to workers for the delegated provision of such benefits in the Social Security contribution settlement, so that this common service can carry out the necessary actions to ensure that, if applicable, the amounts paid to workers for the delegated provision of such benefits are offset in the Social Security contribution settlement.
This communication between entities is necessary for the TGSS to apply such compensations in the contributions settlement.
7- INSS or ISM medical inspectors: If the medical discharge report is issued by the INSS medical inspector or the Social Institute of the Navy, these entities will transfer the data of the report immediately on the first business day after its issuance, to the corresponding public health service for its information and also to the health mutual insurance company, in the case of workers protected by it, so that it issues an agreement declaring the right extinguished due to discharge, its reasons and effects, and notifying the agreement to the company. In addition, the medical inspector will deliver a copy of the report to the worker, informing of the obligation to return to work the day after it is issued.
The managing entity will communicate to the company the purely administrative data of the medical discharge reports of its workers, at the latest, on the first business day after their issuance.
When in a temporary disability process the medical discharge report has been issued by the INSS, or by the Social Institute of the Navy, through the medical inspectors of these entities, during the one hundred and eighty calendar days following the date on which the discharge was issued, these entities will be the only ones competent, through their own doctors, to issue a new medical leave for the same or similar pathology.
Here is the new official medical certificate form for Sick Leave/Medical Discharge. It now includes the following information and fields:
- Issuing Entity Section: “Collaborating Company” is added.
- A new field is added: “Date of previous sick leave process”, where the date of the previous medical certificate is recorded. This helps to identify if the current sick leave is a relapse of a previous one.
- Reasons for Medical discharge: For instance, the reason “Maternity start” is now called “Childbirth and childcare” to more accurately identify the medical clearance situation for paternity leave.
If you require additional information, please do not hesitate to contact our labor department by phone at +34 487 52 00 or via email at email@example.com. Alternatively, you may reach out to us using our contact form by clicking here.