The workers who are temporarily disabled to carry out their work activity, they will no longer be obliged to deliver the medical leave to their company as of next April 1, as stated in the Royal Decree that modifies certain aspects of the management and control of temporary disability processes (IT ) in the first 365 days of its duration and that it has been published this Thursday in the Official State Gazette (BOE).
The rule, advanced by Five days and approved in the last Council of Ministers of 2022, its objective is to streamline procedures and eliminate bureaucratic obligations, and it will affect the processes of temporary disability that are in progress at the time of its entry into force (April 1) as long as they do not have exceeded 365 days in duration.
The Government defends that the changes introduced in the management of these processes suppose “an important benefit” for the companies, the workers and for the physicians of the health system themselves. Thus, with regard to the medical reports for sick leave and high school, the rule establishes that only one copy will be delivered to the worker, eliminating both the second copy and the worker’s obligation to deliver this copy to the company, management entity or mutual.
It will be the Administration that, by telematic means, communicates to the companies the issuance of the medical reports of their workers, thus avoiding procedures that can be “burdensome” for people who are in a situation of temporary disability.
With the traditional system, which will be in force until March 31, the doctor gives the worker, in addition to the medical report, a paper copy of the medical reports of sick leave, confirmation and medical discharge so that he can present it, within a determined period of time. , in the company, which, in turn, has to complete certain information required in them and send them to the managing entity.
“However, the current degree of development of the computer systems makes it possible to dispense with the delivery to the worker of the paper copy of the medical report intended for the company and its presentation by the latter in the latter,” argues the Government.
In this way, as of April 1, the physician who issues the medical leave, confirmation or discharge will deliver a copy to the worker, but it will be the public health service or, where appropriate, the mutual or the collaborating company the one that sends the data contained in the medical reports of withdrawal, confirmation and discharge to the National Institute of Social Security (INSS) by electronic means. You will have to do it immediately, and, in any case, on the first business day following its issuance, as determined by the royal decree.
At the same time, the INSS will communicate to the companies the identifying data of a merely administrative nature related to the medical certificates of discharge, confirmation and discharge issued by the physicians of the public health service or the mutual, referring to their workers, “at the latest on the first business day following their receipt in said Institute.
The companies will have the obligation to transmit to the INSS, through the Electronic Data Submission system (RED), immediately and, in any case, within a maximum period of three business days from the receipt of the communication of medical leave, the data determined by ministerial order.
Failure to comply with the aforementioned obligation may constitute, where appropriate, a minor infraction of those contemplated in the Law on Infractions and Sanctions in the Social Order (LISOS), sanctioned, in this case, with a fine of 70 to 750 euros.
The aforementioned 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.
In addition, the Royal Decree clarifies that in IT processes, medical staff may set medical review periods shorter than those indicated, depending on the evolution of the process. “In this way, it is about avoiding interpretative doubts caused by the current wording of the standard,” explains the Government.
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