New Procedures for Managing and Monitoring Sick Leave.

PRELIMINARY:

From April 2023, employees are no longer required to submit medical certificates of sick leave, confirmation of sick leave and return to work to the company.

The process will be carried out online, with Social Security doctors, collaborating mutual insurance organisations and companies being responsible for exchanging the relevant information and documentation amongst themselves.

MEDICAL SICK NOTES IN CASES OF TEMPORARY INCAPACITY LASTING UP TO 365 DAYS

POSITIVE ASPECTS TO HIGHLIGHT:

• Elimination of red tape
• More efficient management and procedural simplification

NEW:

• Only one copy of the medical certificates will be issued to the employee. This means that the second copy, which was intended for the employer, has been removed.
• Employees will no longer be required to submit a copy of the sick note to their employer, the administering body or the mutual insurance company. This obligation has been removed and transferred to the relevant authority, which must notify the INSS immediately, or by the next working day.

PROCEDURE

Four categories of procedures are established based on the duration of sick leave:

Sick leave of less than 5 calendar days:

Issuing of deregistration and registration certificates at the same time.

If it is anticipated that the employee will regain their capacity for work, the date of discharge shall be recorded; this may be the same as the date of sick leave or any of the three calendar days following it.

The employee may undergo a medical examination on the day their return to work is scheduled. A certificate of incapacity for work will be issued if they have not yet regained their capacity to work.

Delivery within 5 to 30 calendar days:

Issue a sick note stating the date of the medical review, which must not be more than 7 calendar days after the date of the initial sick leave.

On the day of the review, either a discharge certificate or a confirmation certificate will be issued. If a confirmation certificate is issued, subsequent ones may not be issued more than 14 calendar days apart.

IT between 31 and 60 calendar days:

Issue a sick note stating the date of the medical review, which must not be more than 7 calendar days after the date of the initial sick leave.

On the day of the review, either a discharge certificate or a confirmation certificate will be issued. If a confirmation certificate is issued, any subsequent ones may not be issued more than 28 calendar days apart.

IT of 61 calendar days or more: 

Issue a sick note stating the date of the medical review, which must not be more than 14 calendar days after the date of the initial sick leave.

On the day of the review, either a discharge certificate or a confirmation certificate will be issued. If a confirmation certificate is issued, subsequent ones may not be issued more than 35 calendar days apart.

1. Issuing a certificate of sick leave, confirmation or return to work to the employee.
2. The SPS (Public Health Service) or the mutual insurance organisation working in partnership with the company shall submit the relevant report electronically to both the INSS and the company on the first working day following its issue.
3. The INSS will notify the company via the RED SYSTEM within a maximum of three working days of receipt.
4. The company is obliged to submit data to the INSS via the RED system within a maximum of three working days from receipt of the medical sick leave notification (Annex III). Failure to comply with this procedure results in a change to the classification of the penalty under the LISOS; whilst the penalty remains classified as ‘minor’, the offence now falls under Article 21.4 of the LISOS.

Data exchange between the INSS and the TGSS regarding both those entitled to temporary incapacity benefit and those who have not yet completed the qualifying period for such benefit, for the purposes of offsetting social security contributions and deductions.

**If the company has paid the sick pay through a delegated payment scheme, it will be entitled to claim a refund from the TGSS for the contributions that were not deducted.

Should a medical certificate of fit for work be issued by any doctor, this must be communicated on the next working day to both the employee and the company, stating the employee’s obligation to return to work.

Where sick leave arises from an accident at work or an occupational illness, and is covered by a mutual insurance society affiliated with the Social Security system, it shall be the doctor from the medical service of that mutual insurance society or affiliated company who, immediately following the worker’s medical examination, issues the relevant certificates.

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ANNEX I. MEDICAL DISCHARGE / ADMISSION FORM

ANNEX II. CONFIRMATION FORM

ANNEX III. INFORMATION TO BE PROVIDED BY THE COMPANY TO THE INSS

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