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News in the management of medical leave

The Royal Decree 1060/2022, of December 27, has modified Royal Decree 625/2014, of July 18, which regulates the legal regime for internal control of Local Public Sector entities in Spain.

This regulation represents an important Advance in improving the transparency, efficiency and effectiveness in the management of public resources of local entities in Spain. The new measures introduced, such as permanent financial control, the internal control unit, the publication of control reports and continuous training of staff, will contribute to a more responsible and transparent management of public resources, and therefore, to a greater trust on the part of citizens in local institutions.

Regarding sick leave, the Royal Decree modifies certain aspects of the management and control of temporary disability processes in Spain, which will begin to apply from April 1, 2023.

Medical Leave

These are the main new features:

  • Elimination of the worker's obligation to receive and present a copy of the IT medical report that was intended for the company.
  • The obligation of companies to transmit information to the INSS in the successive confirmation and registration parts is eliminated.. Only the economic data in the sick leave reports must be reported to the INSS.

How is the process from April 1?

According to the Royal Decree, the procedure will be as follows:

1. The doctor who issues the medical report for sick leave, confirmation or discharge will give the worker a copy of it.

The public health service or, where appropriate, the mutual insurance company or the collaborating company will send the data contained in the medical reports of discharge, confirmation and discharge to the National Social Security Institute, electronically., immediately, and, in any case, on the first business day following its issuance.

2.The National Social Security Institute, in turn, will communicate to the companies the identifying data of a purely administrative nature related to the medical reports of sick leave, confirmation and discharge. issued by the doctors of the public health service or the mutual insurance company, referred to their workers, at most, on the first business day following their reception at said Institute, for their knowledge and compliance, where appropriate, with the provisions in the next paragraph.

Companies have the obligation to transmit to the National Social Security Institute through the Electronic Data Submission (RED) system, immediately and, in any case, within a maximum period of three business days from receipt. of the communication of the medical leave, the data determined by ministerial order. The aforementioned transmission will not be mandatory when the worker belongs to any group in respect of which the company or employer has no obligation to join the RED system.

Failure to comply with the aforementioned obligation may constitute, where appropriate, an infraction of those classified in article 21.4 of the consolidated text of the Law on Violations and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of August 4.

Medical Leave Management

How do companies access INSS information on cancellation, confirmation and registration reports?

Through the INSS Companies File (FIE).

There are two ways to download the FIE, depending on the means of transmission of the company's RED authorization:

  • If the means of transmission of my RED Authorization is the Direct Settlement System: I will be able to use SILTRA. However, I will also be able to access the FIER service of the RED Online System.
  • If the means of transmission of my RED Authorization is the Direct RED System: I will only be able to use the FIER service of the RED Online System.

In the case of household employers, The INSS will send you a letter by regular mail and a text message to the mobile phone number recorded in the Social Security database. The letter will also be made available at the Social Security Electronic Headquarters. Likewise, you will also be able to know the information about your employee's IT process through the TGSS IMPORTASS portal.

However, if the household employer has a RED Authorization, he or she may consult the FIE through SILTRA or the FIER service, depending on the means of transmission of the authorization.

The elimination of the obligation to present the medical leave report is a measure that a priori will simplify the life of workers, and will also test the coordination of the different administrations so that the company can have information on medical leaves. at your service.

If you are interested in training and developing professionally in the field of human resources, you can find out about our Master in HR: People Management, Talent Development and Labor Management.

Labor advisor at Asinte International Advisory Office

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