The public health service or, where appropriate, the mutual, will send the reports electronically but the new system is not immediate

The BOE of Thursday, January 5, 2023, publishes the royal decree which eliminates the obligation of workers to deliver their part of medical leave to the company. However, the new system is not immediate. It will not be until next April 1, when it will correspond to the health services or, where appropriate, the mutuals, to take care of this process. According to the norm, the parts that justify the temporary incapacity will be sent directly by telematic means "immediately and, in any case, on the first business day following its issuance."

The new system, points out Royal Decree 1060/2022, of December 27, is more in line with social reality. The regulated system up to now, explains the preamble, maintained the traditional modus operandi in accordance with which the doctor gives the worker, in addition to the medical report for him, a paper copy of the medical reports of discharge, confirmation and discharge to submit it, within a certain period, to the company, which, in turn, had to fill in certain information required therein and send it to the managing entity. However, it specifies, "the current degree of development of 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 by the latter in it."

The norm contemplates a period for Social Security, mutuals and companies to adapt and transition to the new system. As specified, its entry into force will take place "on the first day of the third month following its publication in the BOE". The date, therefore, on which the new route will be mandatory is next April 1. The formula chosen is complex, although common in labor regulations.

The provisions introduced by this Royal Decree will apply, from its entry into force, to temporary disabilities that are currently in progress and have not exceeded 365 days.

The delivery of sick leave medical reports has been a problem that has ended up in court on numerous occasions. The latest case was that of a customer service company that required its workers to use an app to process medical leave. The Social Chamber of the National Court knocked down the new communication manual of the Unisono company. The court made the company ugly by requiring its employees to participate in the processing of the parties and preventing them from other traditional methods such as email submission.

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