Employees on sick leave do not have to provide the medical report to the company

Date:

The doctors issue the copy only for the employee while the copy for the workplace is done electronically

Digitization is gaining ground in administrative procedures and a new development will soon take place that many employees will welcome with relief as they will no longer have to provide temporary disability reports (IT reports) to their company when they take medical leave. A situation that in many cases forced family members to do it while the affected person was unable to do so.

The initiative, which was approved in the last Council of Ministers and which will enter into force upon publication of the Royal Decree regulating it in the Official Gazette (BOE), eliminates the obligation of self-employed persons to be the ones who must provide medical leave reports to their companies.

After its formalization in the BOE, it will be the company that will have to obtain the information about this labor incident from the administration, which will be done electronically, although the Royal Decree should clarify whether it is the company that has to claim it or whether the medical services who are required to send the sick leave forms ex officio.

According to the text approved by the national government, “only one copy (of the leave) is provided to the employee; and both the second copy and the obligation that it is the employee himself who provides this copy to the company, the managing entity or the mutual insurance association, lapses. For example, the second copy of the medical discharge and the discharge reports that the employee was obliged to send to his company disappear in the manner chosen by the employee himself.

The standard stipulates that “Communications between the issuing entities and the INSS shall be telematic, avoiding procedures that may be cumbersome for people in a situation of temporary disability and utilizing opportunities to improve effectiveness and efficiency. improvements offered by advances in digitization and information technology”.

Since the law, which is still in force, did not specify through which channel these reports should be sent to the companies, the courts ruled that it was for the employee to choose the mechanism through which to exercise this obligation, which allowed him to be sent by email. The employees had three days from the time of their leave to provide the corresponding report to the company. In the case of discharge, the time was reduced to 24 hours. In the Region of Murcia, due to the coronavirus pandemic, there was already the option of sending the reports electronically if the employee did not object.

The measure has a large quantitative impact, as many people take sick leave all year round. In the Murcia region, during the first ten months of last year – latest data from the INSS – a total of 57,583 employees applied for sick leave. The INSS also provides data on the number of pending processes, which stood at 11,492 at the end of October. The average monthly incidence is 26 victims for every 1,000 Murcian wage earners. The average throughput time for programs for temporary disability is 56 days.

Source: La Verdad

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