When will the new temporary disability measure begin to be applied?


One of the last decrees with which the past 2022 was closed was 1060/2022, of December 27, which regulates different elements related to the management and control of processes for temporary disability in the first 365 days of its duration. In other words, the document included changes and modifications that affect the issuance of sick leave due to temporary disability and discharges, as well as their management and control processes.

On the one hand, it is simplify procedures that the affected worker and applicant for leave have to carry out, who will enjoy the corresponding pension during the time they are incapacitated; and, on the other, to remove bureaucratic obligations during the process, also improving the flow of information between Administration and company.

The main modification that comes into force with this Royal Decree is that the worker or worker who enjoys the leave You will no longer have to deliver the corresponding leave to the company, as long as it is temporary disability. Thanks to this change, the Administration will be in charge of sending the report electronically to the company or workplace, thus relieving the worker of this obligation.

All changes, besides this one, They will enter into force on April 1, 2023.. Until that date arrives, all registrations and cancellations that are processed will do so following the regulations prior to this new Royal Decree.

What changes to temporary disability come into effect?

Besides the ssuppression of the obligation to deliver the sick leave by the worker, with this new Royal Decree another series of changes and modifications come into force, which will become effective on the same date indicated in the previous paragraph.

As of April 1, the regulation establishes that “the medical part of temporary disability leave, whatever the determining contingency, will be issued immediately after the medical examination of the worker, by the physician of the public health service who performs it”.

When this document is issued, a disability leave review date will be reflected which will have to be recorded in this same document issued by the corresponding doctor. Depending on the expected duration of the temporary disability, there will be certain deadlines to meet.

In what terms must the withdrawals be confirmed and reviewed?

For example, for estimated casualties between 31 and 60 days, the doctor who signs the temporary disability leave document must indicate a review of the same within a maximum period of seven calendar days from the date of leave, the date on which the corresponding confirmation document must be issued. The following must be issued with a time difference between them of a maximum of 28 calendar days.

in processes of temporary disability of more than 61 days, The review date that must appear in the initial withdrawal form must be within the following 14 calendar days. The following confirmation and review documents must not be issued more than 35 calendar days apart.

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