Can I go on a trip if I am off work?


Can you travel while on leave from work? There are many workers who ask themselves this question when they receive a provision for temporary disability, as a result of a common illness or accident reduces or cancels your ability to perform a job. The General Social Security Law establishes the cases in which this benefit can be denied, annulled or suspendeddespite the fact that its objective is to cover the loss of income while receiving health care.

The agency under the Ministry of Inclusion, Social Security and Migrations, led by José Luis Escrivá, determines that, in order to have right to receive sick leavethose affected must be aware of discharged or in an assimilated situation of dischargeand belong to any regime, including the Special Regime for Self-Employed Workers (RETA). In the event that the cause of temporary disability is a common illness or non-work accident, it is necessary to have a 180 day prior quote within the previous five years.

When workers meet all the requirements, they can be on sick leave and collect the benefit during a time that is defined by the kind of ailment let it suffer For this reason, when it comes to a disease, income is received during one year -extendable for six months-, or during six months -extendable for six months-, if it is due to an accident at work.

Can a worker travel while on leave?

Although there is no law that prohibits traveling while on leave, the answer to this question Depends on circumstances and severity of injury, since some risks can be taken with respect to the collection of the benefit. Given that the purpose when an employee is on leave is to put at his disposal all the means so that recover as soon as possiblehe article 175 of the General Law of Social Security determines that the subsidy “may be denied, annulled or suspended when the beneficiary has acted fraudulentlywork for yourself or someone else, or refuse or abandon the prescribed treatment, without reasonable cause”.

Therefore, it is allowed to travel as long as not be harmful for the worker recovery process. However, in case of doubt, it is best to consult with the doctor who performed the procedure, since he is the one who sets the care that he has to follow. For example, if the low is due to stresshealth professionals may even advise that trip to contribute to the improvement of the patient, but if it is due to a knee fracture, the recommendation will be to rest and not do activities that hinder recovery.

Another fundamental issue that must be taken into account is that both the INSS and the company mutualcollaborating with this body, can summon the worker for examination or medical examination, to follow his recoveryand not showing up without justification can cause the loss of entitlement to benefit and, therefore, reinstatement to the job.

What is the amount of leave due to work accident or illness

The amount of the benefit received by workers who are on sick leave varies depending on whether it has been caused by a common illness or accident at work, and on the durationas indicated in the Electronic Office of the Social Security. So, it is worth keeping this in mind:

  • When it is due to a non-work-related illness or accident, the amount is 60% of the regulatory base from day 4 to 20, and from 75% from day 21. The regulatory base is calculated by dividing the contribution base in the month prior to the start of the withdrawal by the number of days to which the contribution refers, that is, 30 days if salaries are monthlyand 28, 29, 30 or 31 if they are daily.
  • When it is due to an accident at work, the amount is 75% of the regulatory base from day one of temporary disability. To calculate the regulatory base, you must add the contribution base for professional contingencies of the previous month divided by the number of days, and the contribution for overtime of the previous calendar year divided by 365 days.
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