Workers will no longer have the obligation to deliver their medical leave to the company


The Workers will no longer have the obligation to deliver medical leave reports to their company. This was approved by the Government of Spain in the last Council of Ministers of 2022, which took place on December 27, with the introduction of changes in the royal decree that regulates the management and control of processes by temporary disability in the first 365 days of its duration. The measure was designed by the Ministry of Inclusion, Social Security and Migrations, led by José Luis Escrivá, and its objective is to streamline procedures and eliminate bureaucratic obligations that “they unnecessarily prolong the processes”.

The previous regulation established that the worker received two copies of your lower part and had the duty to deliver one of them to the company within a maximum period of three days. On the contrary, he only had 24 hours to discharge. But this will change with the new royal decree that will come into force once it is published in the State official newsletterwhich has not yet occurred.

In this way, it is no longer necessary for those who suffer temporary disability due to illness or accident send the company a copy with the report prepared by the doctor. Nor will they have to do it if the doctor decides to extend the leave, not even when they are discharged. The Executive expects that this modification supposes a “significant benefit” for companies, workers and doctors of the Public Health Services.

The doctor will only give a copy of the report to the worker

One of the most outstanding changes that the royal decree approved by the Government of Spain will bring with it is that it will no longer be the workers who have to deliver the parts to their companies medical leave by the route they choose, if not it will be this one that has to obtain the information of the administration.

Only one copy will be delivered of the medical leave or discharge reports to the employee and they will not be given a second one. That is why the communication between the doctor or the insurance company that has certified the discharge and the National Institute of Social Security will be telematicsin order to “avoid procedures that can be burdensome for people who are in a situation of temporary disability.”

The deadlines for doctors to review the leave change

Another of the issues that will be modified is the deadlines that doctors have to review sick leave. The previous rule established four periods of sick leave, with their corresponding deadlines: when it is less than five calendar days, the discharge and discharge part is issued in the same medical act; if it extends between five and 30 daysor if it lengthens between 31 and 60 days, the maximum review period was seven calendar days; and if it is from more than 61 daysthe term was a maximum of 14 calendar days.

For its part, the new decree states that doctors may set deadlines for reviewing inferior cancellations to the previously established maximums. The Social Security indicates that, in this way, it is intended to “avoid interpretative doubts caused by the current wording of the standard”.

Therefore, physicians will have the possibility of review the temporary disability of workers before that in the periods previously stipulated, so that can you bring up the end. However, even if they review it earlier, the doctors must extend the leave if they deem it necessary.

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