The regulation dispenses with the requirement to provide the employee with a paper copy of the medical report and the obligation for the employee to present it to the company.
Management will be telematic and doctors, Social Security, mutual insurance companies and companies will be responsible for exchanging the necessary documents, without the intervention of the worker concerned, to manage the sick leave or medical discharge.
From 1 April 2023, primary care doctors will no longer give two copies of the medical certificate of temporary incapacity to workers on sick leave. The traditional copy to be given to the company will disappear and the person who is ill will no longer be responsible for hand-carrying this certificate to work. Management will be telematic and doctors, Social Security, mutual insurance companies and companies will be responsible for exchanging the necessary documents, without the intervention of the worker concerned, to manage the sick leave or medical discharge.
On 5 January 2023, Royal Decree 1060/2022, of 27 December, amending Royal Decree 625/2014, of 18 July, regulating certain aspects of the management and control of temporary incapacity processes during the first three hundred and sixty-five days of their duration, was published in the Official State Gazette (BOE).
The regulation dispenses with the delivery to the worker of the paper copy of the medical report and the obligation for the employee to present it to the company.
The changes introduced, with the aim of streamlining procedures and eliminating bureaucratic obligations, will come into force on 1 April 2023 and will apply both to new temporary incapacity (TI) processes and to those that at that time are in progress and have not exceeded 365 days in duration.
Main new features
– With regard to medical reports of sick leave, confirmation and discharge, only one copy will be given to the worker, eliminating both the second copy and the obligation currently incumbent on the worker to deliver this copy to the company.
– It will be the National Social Security Institute (INSS) which, by telematic means, will communicate to companies the merely administrative identification data relating to the medical reports of sick leave, confirmation and discharge of workers issued by the doctors of the public health service or the mutual insurance company. This notification must be made no later than the first working day following receipt of these data.
– Companies are obliged to transmit to the National Social Security Institute through the Electronic Data Remission System (RED), immediately and, in any case, within a maximum period of three working days from receipt of the notification of the sick leave, the data determined by ministerial order. The aforementioned transmission shall not be obligatory when the worker belongs to a group for which the company or employer is not obliged to join the RED system.
– The possibility is introduced that, in any of the processes contemplated in the regulation, the doctor may set the corresponding medical check-up in a shorter period than that indicated in each case.
– The possibility is introduced for the company to communicate to the administration the additional data required for the management and control of the situation of temporary incapacity and the corresponding benefit, without the need for the prior presentation of the report by the worker.
For further information, please consult with Labour counselling