Workers who are temporarily unable to carry out their work activity will no longer be obliged to deliver the medical leave to the company. It will be from next April 1, as stated in the Royal Decree that modifies certain aspects of the management and control of temporary disability (IT) processes in the first 365 days of its duration, published this Thursday in the BOE.
The rule, approved in the last Council of Ministers, aims to streamline procedures and eliminate bureaucratic obligations. A will affect temporary disability processes that are in progress at the time of its entry into force (April 1) provided that they have not exceeded 365 days in duration. The Government defends that the changes suppose "an important benefit" for the companies, the workers and for the doctors of the health system.
With regard to the medical records of discharges and discharges, only one copy will be delivered to the worker, eliminating both the second copy and the worker's obligation to deliver this copy to the company, management entity or mutual. It will be the Administration that, by telematic means, communicates to the companies the issuance of the medical reports of their workers.
With the traditional system, in force until March 31, the doctor gives the worker, in addition to the medical report, a paper copy of the medical reports of sick leave, confirmation and medical discharge so that he can present it to the company, which has to complete certain information required in them and send them to the managing entity.
"The current degree of development of the computer systems makes it possible to dispense with the delivery to the worker of the paper copy of the medical report intended for the company and its presentation," argues the Government.
In this way, as of April 1, the health worker who issues the medical report of discharge, confirmation or discharge will deliver a copy to the worker, but it will be the public health service or, where appropriate, the mutual or the collaborating company. the one that sends the data contained in the medical reports of withdrawal, confirmation and discharge to the National Institute of Social Security (INSS) by electronic means. You will have to do it immediately, and, in any case, at the latest on the first business day after it is issued.
The companies will have the obligation to transmit to the INSS, through the Electronic Data Submission system (RED), immediately and within a maximum period of three business days from the receipt of the communication of the medical leave, the data to be determined. Non-compliance may entail a minor infraction, punishable by a fine of 70 to 750 euros. This will not apply when the worker belongs to a group with respect to which the company or employer has no obligation to join the RED system.