How should cancellations be communicated, who pays for them and how much are they charged for?

In recent months, there have been important regulatory changes in the administration of temporary disability benefits. The main one, which entered into force on April 1, is that the worker You are no longer required to submit a copy of your sick leave to the company. The whole process is now done electronically, so the family doctor is the onetransferred to the National Institute for Social Security (INSS) and this in turn communicates it to the company so that it can provide the employee data and process the benefit.

Although the way of management is changing, there is nothing new in the economic part. Payment which the worker will receive during the days when he is absent depends on the cause of that and its duration. Thus, in the event of an ordinary illness or accident outside of work (common contingencies), the employee receives nothing for the first three days, between the fourth and the twentieth he receives 60% of his statutory base, and when he has more than three weeks of rest, the compensation increases to 75% of the base.

On the other hand, if it is an occupational disease or injury at work, the subsidy amounts to 75% of the regulatory base from the next day of check-out.

Although in the vast majority of cases it is the company that pays the compensation with the same periodicity as the regular payroll (delegated payment), in the case joint sick leave, the company only takes over the compensation costs between the fourth and fifteenth day, and from then on they are paid by the INSS or mutual cooperative. Although this is a general rule, there are many collective agreements that enhance this coverage, in some cases guaranteeing it up to 100% of salary from the first day of leave, an additional cost borne by the employer.

Communities can no longer complain if public health rejects their request to register a worker

Although in the collective agreement, the trade unions agreed with the employer that they will include procedures for tighten supervision of sick leaveas well as calling on the Government to strengthen the control of mutual societies over them, this provision goes in the opposite direction to the agreement that the central offices reached with the Ministry of Social Security a few months ago.

And that is that within the pension reform decree law, which did not have the support of the CEOE, the department of José Luis Escriva agreed with the workers’ organizations to limit the control of the mutual societies, which in 2014 was extended by the Rajoy government. .

Therefore, this latest provision announced in March prevents the prevention services from complaining to the National Institute of Social Security if public health rejects their request to report an employee whom they jointly consider to be fit for work. They will be able to do this only if the doctor of public medicine does not respond to their request within the established period, which extends from the four calendar days that were in force before to five working days.