Work permit: this is how the new protocol on temporary disability works from April 1

A worker takes time off, does he need to do any paperwork?

No, one of the main innovations introduced by the Government is that from now on all procedures telematics and that Social Security will undertake the obligation to send it to the company. documents justifying a worker’s leave temporary disability. From the entry into force of this royal decree (1 April), when a person goes to the primary health care center or hospital to be examined and the doctor determines that he is unable to work, the employee will be sent directly to his home and will not need to take any additional action. You will receive a copy of the permit, but you should not get a second copy to send to your company. The National Institute of Social Security will be responsible for this.ISP).

Until now, the worker affected by temporary incapacity had three days from the time the doctor gave permission to submit the report to the workplace. Failure to submit documents on time was grounds for punishment by management, which could go as far as dismissal.

How often will health checks be conducted to determine if the worker has been laid off?

Another of the main innovations brought by the government’s royal decree is the power of doctors to make revisions. Currently, there are fixed times when a worker on sick leave must undergo a medical checkup to determine his condition and the development of his illness. Although royal decree authorizes physicians to advance them and determine as they see fit, the times in question remain intact.

The review periods combined by royal decree, based on the estimated duration of disability at baseline, are as follows:

• less than 5 calendar days: The doctor will perform the discharge and discharge process at the same time. Consequently, no examination will be necessary to determine the evacuation. If the worker’s illness worsens or does not improve, he should go to the health center for a new sick leave on the day of discharge, if the physician deems it appropriate.

• Between 5 and 30 calendar days: The doctor will make a cancellation decision and also set the examination date to determine whether the examination will be withdrawn or extended. The review date cannot be delayed more than seven calendar days from the date of the initial cancellation. In other words, if the worker falls ill on January 1, the doctor must carry out the examination before January 8. In this examination, the doctor either discharges the worker or confirms his discharge and reschedules for another examination within a maximum period of time. 14 days.

• Between 31 and 60 calendar days: The doctor will decide to withdraw within a period not exceeding seven calendar days and also determine the refusal of the examination. It will be later when the doctor enrolls the worker and renews his discharge and reappoints him within a period of time at the latest. 28 days for a new review.

• more than 61 calendar days: The doctor will decide to withdraw within a period not exceeding 14 calendar days and also determine the refusal of the examination. It will be later when the doctor enrolls the worker and renews his discharge and reappoints him within a period of time at the latest. 35 days for a new review.

However, if the doctor deems it appropriate, he may ignore these deadlines and proceed according to the estimated revision times -without any delay.

Is the company obligated to follow any procedures?

Yes, the Government’s royal decree exempts the worker from obligations, but not so for the worker. Business. From the effective date of these measures, they will receive the medical portion of Social Security. As stated in the regulatory text, Social Security will send the leave documents within one day, counting the medical report from the time Social Security reaches it. And when the company receives the notification that one of its employees is on new leave, it has “three business days from receipt of the medical leave notification” to return all documents to SSI and make the necessary explanations. Failure to do so will result in the company’s exposure to economic sanctions.

When do the changes take effect?

Automation of withdrawals and doctors’ ability to advance reviews will come into effect by 2018. 1 April As determined in the text published in the Official State Gazette (BOE) of this year. Workers who have left their jobs by that time must follow the protocols in force so far and send documents justifying their leave to their companies.

It is important that they comply with the protocols and submit the documents, because if they do not do so, they may suffer consequences from company management. Depending on the contract that covers each worker, it can range from a minor breach to an economic sanction and even dismissed thus.

How do the changes affect workers already on sick leave?

“The provisions brought by this edict, from the moment of its entry into force, will be applied to the transactions that are in progress at that date and do not exceed the time limit. 365 days In other words, those who are on leave until April 1 will continue to be managed according to the old regulation.

In other words, their review period remains unchanged and in case of revocation, they have to resubmit the reports to the company within a maximum of three days each time. And from April 1, you will no longer need to submit a sick leave form – SSI will do it for you – and if your doctor deems it necessary for your treatment, they can advance revisions to you with prior notice.