Attention to employees currently on sick leave is essential. Any significant change affecting their status should be understood clearly. A royal decree issued on 27 December 2022 and published in the Official State Gazette updated how temporary disability processes are managed and controlled by amending the previous decree on social security rules.
The most notable change is that doctors may initiate medical reviews earlier for workers on sick leave. This means the duration of leave could be shorter than initially anticipated and may depend on the employee’s particular employment arrangement. These early reviews can influence the overall length of leave and the timing of a return to work. The reform allows co insurance entities or Public Health Service doctors to set review schedules that are more concise than originally planned, with examinations aligned to the estimated duration of the leave. This article outlines four possible scenarios based on the expected withdrawal time and references Social Security for context.
1. Short Term Leave:
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If the doctor believes the worker will be off work for a brief period, a medical examination date will be scheduled at the relevant appointment. During this review, the doctor will determine whether the employee still requires sick leave or can resume duties.
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2. Medium Term Leave:
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When the leave is expected to be intermittent, a second health inspection point will be established. In this review, the doctor will reassess the worker’s condition and decide whether an extension of leave is necessary or whether the worker can return to work.
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3. Long Term Leave:
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For long term withdrawals, multiple review points will be scheduled throughout the withdrawal period. These examinations enable the physician to monitor progress and make informed decisions about when the worker can safely return to work.
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4. Indefinite Leave:
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When the length of leave is uncertain, periodic medical examinations will be scheduled to evaluate the evolution of the worker’s condition and determine the point at which the worker can return to work.
The changes in medical checks mark a major shift in the management of temporary disability. They can influence how long leave lasts and when employees come back to work. It is important for workers to stay informed about these new rules and to maintain clear communication with their doctors and their employers to ensure a smooth transition from leave to active duties.