In this post we will tell you all the new features of the new regulations and what procedures must be carried out from April 1 to manage a medical leave.
Royal Decree 1060/2022 of December 27 was published on January 5, 2023 and aims to simplify, digitize and automate the processing of sick leave for workers. The new way of processing sick leave will come into force on April 1.
Until now, the doctor gave the sick leave , confirmation or discharge, to the employee, so that he could give a paper copy to the company. The company, in turn, had to include certain data and send the sick leave to the managing entity. Therefore, the new system implies changes for companies, workers and Social Security.
Start of marked textSHARE! Goodbye to the process of submitting sick leave to the company. How does the new regulation from April 1, 2023 affect companies and employees?End of marked text
What new features does the new legislation bring regarding the processing of sick leave?
The main new features of the new regulations regarding sick leave are the following:
It is not mandatory for the employee to receive and present a copy of the sick leave to his/her company.
It is also not mandatory for the company to transmit the confirmation and discharge reports to the INSS.
The regulations affect cases of sick leave due to work-related accidents or common illnesses , that is, those cases in which a person cannot go to work for health reasons resulting from a work-related accident or a common illness such as the flu.
The company , once it receives the FIE/FIER file, with the information from the medical reports, will communicate the sick leave , but only the financial data will be included.
New data will be included in the FDI files and in the Online Red System for the control of sick leave by the Public Health Service.
There are cases in which the processing procedure prior to the new regulations will continue to be used:
Cases of workers with temporary disability due to occupational contingency (work accident) in the event that coverage is provided by a collaborating company for occupational contingencies.
Cases of workers with temporary disability due to canadian healthcare and medical email list common contingencies when the coverage is the responsibility of a company excluded from temporary disability due to common contingencies.
The main new feature of the regulations: The worker will not have to receive and present the sick leave certificate to his/her company.
Procedures to follow, step by step, to manage a medical leave with the new regulations
The steps to follow in processing a sick leave from April 1 will be the following:
The worker will go to the doctor of the Public Health Service (SPS), mutual insurance company or collaborating entity and the doctor will enter the data from the sick leave, discharge or confirmation report into the system.
The SPS system will send the discharge, discharge or confirmation to the INSS.
On the same day, the INSS will search for the contribution account in which the worker is registered in the general Social Security affiliation file and will include the information in the FIE file, to inform the company in which he is registered of the change in the medical report that has occurred.
The company will receive the FIE/FIER files with the medical reports of discharge, discharge or confirmation and any changes that may have occurred in the existing medical reports the day after the SPS communicates this information to the INSS.
The company must communicate the economic data to the INSS through the FDI file or through the Online Network System.
