New medical leave reports
On January 13, 2023, it was published in the BOE the Order ISM/2/2023, of January 11, which modifies Order ESS/1187/2015, of June 15, which develops Royal Decree 625/2014, of July 18, by which Certain aspects of the management and control of temporary disability processes are regulated in the first three hundred and sixty-five days of their duration.
Therefore, as of April 1, 2023, in the first 365 days of the Temporary Disability (IT) processes, only one copy of the medical report of sick leave, confirmation or discharge will be delivered to the worker, eliminating the second copy and the obligation of the worker to deliver it to the company, managing entity or mutual insurance company.
Any of the competent bodies (public service or mutual insurance company) will send the data contained in the medical reports of discharge, confirmation and discharge to the INSS electronically, immediately and, in any case, on the first business day following their issuance.
It will be the INSS who will communicate to the company the administrative data related to the medical reports of discharge, confirmation and discharge issued by the doctors of the public health service or the mutual insurance company.
What do you have to take care of?
For your part, the company will have the obligation to transmit to the INSS, through the RED system, within a maximum period of 3 business days counted from the communication of the medical leave, the data determined by ministerial order, unless the worker belongs to any group that is not required to join the RED system.
The possibility is established that, in the IT processes, the doctor sets the corresponding medical review in a period shorter than that indicated in each case.
However, we must not forget that the worker, although he will not have to provide a copy of the medical leave, will have to reliably communicate to the company his absence from the job, without prejudice to the company subsequently confirming the absence. discharge through the new system, and, if applicable, initiate the possible sanction for unjustified absences from your job.
Without a doubt, it is a great advance in the management of sick leave both for the workers and for the Administration, since data was already being crossed between the Public Health Service and the INSS although this new legal context was missing.
New part models
Likewise, the standard approves new part models established in annexes I (medical part of sick leave/discharge of disability) and II (medical part of confirmation of temporary disability), eliminating the copy that the worker was expected to deliver to the company, and a new annex III is introduced (data economics to be completed by the company) which will be the one that the companies must send to the National Social Security Institute through the RED system within a maximum period of three business days counted from the receipt of the communication of the medical leave.
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