Numerous news items are swarming around the recent Royal Decree 1060/2022, of December 27, which will amend Royal Decree 625/2014, of July 18, which has been regulating certain aspects of the management and control of temporary disability processes in the first three hundred and sixty-five days of their duration.
In the following article, we will report on the most significant changes:
- The second copy will be eliminated in the medical reports of sick leave and discharge, and only one copy will be given to the worker.
- As indicated above, the worker will not have to submit a copy of the sick leave report to his company, considering that this eliminates the bureaucratic obligations for the patient, who, being in a situation of temporary disability, could be burdensome for him.
- Communications will start to be telematic between the issuing entities and the National Institute of Social Security (hereinafter INSS).
- With the new regularization, medical review periods may be reduced, i.e., in any temporary disability process, the physicians of the Public Health Service, of the collaborating company or mutual insurance company, may set medical review periods that are shorter than those indicated in the previous regulation, subject to the evolution of the process.
On the other hand, there are issues that will not change, such as the sick leave and confirmation medical reports, which will be extended according to the period of duration estimated by the physician, in accordance with, among others, the following criteria:
If the process is estimated to last less than 5 calendar days, the physician must issue the sick leave and discharge report in the same medical act. This does not imply that from the same day that the sick leave is issued, the discharge report is issued without any other alternative for the patient, but rather that an estimate is made and the patient's discharge is fixed, during which the disabled worker may request a medical examination on the day the medical discharge has been stipulated.
For processes with an estimated duration between 5 and 30 calendar days, the physician shall issue a sick leave report, stipulating the date of medical review, which in no case shall exceed 7 calendar days from the date of sick leave.
But after all this brief explanation of the employee's position, we are left with the question of what position the company will be in after this reform.
Knowing that the public health service or mutual insurance company will send the data contained in the medical reports to the INSS, the latter will be responsible for communicating to the companies the merely administrative identification data related to the medical reports, at the latest, on the first working day following the day it is received.
Companies are obliged to transmit to the INSS through the RED system (Electronic Data Remittance), immediately, within a maximum of 3 working days, counting from the receipt of the medical leave notification, the data determined by ministerial order.
We must take into account that employees who fall within the professional group of Household Employees and Seafarers, among others, are not obliged to join the Network System.
