A worker takes time off, does he need to do any paperwork?
Government reforms clarify the process for employees on temporary incapacity leave. The official State Gazette publishes the specifics of measures designed to remove the need for workers to submit their medical reports to employers. Doctors gain authority to review discharge timelines when appropriate. This shift could affect decisions about a worker’s continued employment. The article outlines the royal decree now in the BOE and what it means for employers and staff.
A worker takes time off, does he need to do any paperwork?
One major change is that all procedures move to a digital system, and Social Security will handle sending leave justification documents to the employer. From the decree’s entry into force on April 1, when a patient at a primary care center or hospital is deemed unable to work, they are sent home and no extra action is required by the worker. A copy of the permit is provided, but a second copy for the company is unnecessary. The National Institute of Social Security will oversee this process.
Previously, a worker on temporary incapacity had three days from the doctor’s authorization to submit the report to the workplace. Delays in submitting documents could be penalized by management, potentially leading to dismissal.
How often will health checks be conducted to determine if the worker has been laid off?
Another key change is the power granted to doctors to perform revisions as needed. The system previously fixed certain checkup times to assess the worker’s condition and progress. The royal decree allows physicians to speed up or adjust these timelines, while the original schedule remains in place as a baseline.
The revision periods, based on the estimated disability duration, are as follows:
- The period under five calendar days: the doctor will discharge the worker without an extra examination for the discharge. If the illness worsens or does not improve, the worker should seek care at a health center for a new sick leave on the discharge day, if the physician deems it necessary.
- Between five and thirty calendar days: the doctor will issue a cancellation decision and set a date to decide whether the examination will be withdrawn or extended. The review date cannot be delayed more than seven calendar days from the initial cancellation. For example, if the illness begins January 1, the doctor must perform the examination by January 8. In this examination, the doctor either discharges the worker or confirms discharge and reschedules for a subsequent examination within a maximum of 14 days.
- Between thirty-one and sixty calendar days: the doctor will decide the withdrawal within seven days and determine if the examination is refused. The worker will then be enrolled and the discharge renewed, with a new appointment scheduled within a set timeframe, typically within 28 days for a new review.
- More than sixty-one calendar days: the doctor will decide withdrawal within fourteen days and determine if the examination is refused. The worker will be enrolled again and the discharge renewed, with a new appointment set within 35 days for a new review.
However, if the doctor sees fit, deadlines can be bypassed and revisions can proceed according to clinical judgment without delay.
Is the company obligated to follow any procedures?
Yes, the decree exempts the worker from certain obligations, but the employer still bears responsibilities. From the effective date, workers will receive the medical portion of Social Security. The regulatory text specifies that Social Security will send the leave documents within one day of obtaining the medical report. When the company is notified that an employee is on leave, it has three business days to return all documents to the SSI and provide necessary explanations. Failure to comply may lead to economic sanctions for the company.
When do the changes take effect?
Automation of withdrawals and doctors’ ability to advance reviews take effect on April 1, 2018, as published in the Official State Gazette. Workers who left their jobs before that date must follow the existing protocols and submit leave documentation to their employers.
Compliance with the protocols is important, as noncompliance can trigger consequences from management. Depending on the worker’s contract, penalties can range from minor infractions to economic sanctions and even dismissal.
How do the changes affect workers already on sick leave?
The edict’s provisions apply to ongoing transactions as of its entry into force and do not exceed 365 days. Those on leave on April 1 will continue under the previous regulation. In other words, their revision periods stay the same, and if revocation occurs, they must resubmit reports within three days each time. Starting April 1, sick leave forms are no longer required from the worker; SSI will handle submission if the doctor deems it necessary to advance revisions with prior notice, according to the decree.