{"id":28603,"date":"2015-12-02T18:02:09","date_gmt":"2015-12-02T17:02:09","guid":{"rendered":"http:\/\/aseryde.com\/?p=28603"},"modified":"2015-12-02T18:02:09","modified_gmt":"2015-12-02T17:02:09","slug":"nuevo-sistema-de-bajas-laborales-preguntas-y-respuestas","status":"publish","type":"post","link":"https:\/\/aseryde.com\/en\/nuevo-sistema-de-bajas-laborales-preguntas-y-respuestas\/","title":{"rendered":"New sick leave system: Questions and answers."},"content":{"rendered":"<blockquote>\n<p style=\"text-align: justify;\">.<br \/>\nWith its entry into force, among other things, the doctor will be able to issue the certificate of discharge and discharge at the same time, and the forecast of the time of discharge may be updated over the course of time.<\/p>\n<\/blockquote>\n<p style=\"text-align: justify;\">The<a href=\"http:\/\/aseryde.com\/wp-content\/uploads\/2015\/12\/Real-Decreto-incapacidad.pdf\" target=\"_blank\"> reform approved by the Government<\/a> Its fundamental objective is to fight against fraud in sick leave during the first year, so as to reduce absenteeism in companies and thus reduce spending on Social Security benefits.<br \/>\nAs of the entry into force of the new system of reports for temporary disability processes (on December 1), the medical reports will be associated with the estimated duration of each process.<br \/>\nThe doctor will have to detail in the sick leave report an initial estimate of the estimated period of inactivity, classifying it as very short (less than five calendar days), short (five to 30 calendar days), medium (31 to 61 days) and long (more than 61 days), based on the optimal duration reference tables for each pathology.<\/p>\n<h3>When are the reports issued?<\/h3>\n<p style=\"text-align: justify;\">As a general rule, sick leave will be issued immediately after the worker is recognized, either by the medical practitioner of the public health service, or by the mutual insurance company, in the event that the sick leave derives from a work accident or illness. professional covered by it.<br \/>\nAs a novelty, when the professional considers that it is a process of very short estimated duration, he or she may issue the discharge and discharge report at the same time, which avoids second visits by the worker or his or her family to the health center.<\/p>\n<h3>Is the assigned sick leave period final or is it reviewed?<\/h3>\n<p style=\"text-align: justify;\">For the system to be operational and adaptable to reality, the sick leave forecast may be updated at any time, depending on the worker&#039;s evolution.<\/p>\n<blockquote>\n<p style=\"text-align: justify;\">\u201cThe reviews will be periodic depending on the illness, every two weeks in long-term sick leave\u201d<\/p>\n<\/blockquote>\n<p style=\"text-align: justify;\">After the leave, the review must be carried out when indicated in the report itself, which will be the seventh day in short and medium-term leaves, and two weeks in long-term leaves.<br \/>\nWhen the duration of the illness exceeds 365 days, control of the disability process will pass to the National Social Security Institute (INSS).<\/p>\n<h3>Who can unsubscribe and unsubscribe?<\/h3>\n<p style=\"text-align: justify;\">The last word in <strong>sick leave<\/strong> For common causes, which is where the biggest spending problem is, is the public health doctor. This does not prevent the reform from strengthening the role of mutual insurance companies in monitoring workers.<br \/>\n<strong>The discharge<\/strong>In the case of a common sick leave, it will always be issued by the doctor, either by the public health service or by the INSS Medical Inspector.<\/p>\n<blockquote>\n<p style=\"text-align: justify;\">\u201cMutual insurance companies will increase control over sick leave, although public health is the only one that can give definitive discharge.\u201d<\/p>\n<\/blockquote>\n<p style=\"text-align: justify;\">In this regard, mutual societies may make a request for registration to the Medical Inspection of the Public Health Service and subsequently to the INSS if the Inspection does not respond within a period of five days or if the Public Health Service denies registration. The INSS must respond within four days.<br \/>\nIf the disability process results from a work accident or occupational disease, the mutual insurance company&#039;s doctor may issue a discharge once the appropriate medical examinations have been carried out, as is currently the case.<\/p>\n<h3>What procedures must workers and employers follow?<\/h3>\n<p style=\"text-align: justify;\">The worker must present to the company a copy of the sick leave reports and subsequent confirmation reports within three days from the date of their issuance. Likewise, when you are given the medical discharge report, you must provide the corresponding copy to your workplace within the next 24 hours.<\/p>\n<p style=\"text-align: justify;\"><strong>The deadline to submit the cancellation report<\/strong> is 3 days, and 24 hours in the case of discharge<br \/>\nWhen the sick leave is less than five days, the same doctor may issue a sick leave and discharge report, with the latter subject to review.<br \/>\nWhen the duration is longer, the deadline to submit the termination reports are:<br \/>\nIf the leave lasts up to 30 days\u2026.. 7 days<br \/>\nIf the withdrawal lasts 60 days\u2026\u2026\u2026\u202628 days (from the 2nd part of confirmation)<br \/>\nAfter that time, the worker must submit the second and subsequent sick leave report every 35 days.<br \/>\nMeanwhile, the company must reflect in the discharge report data on the worker&#039;s contribution in order to determine the regulatory basis of the economic benefit for temporary disability, the code of the national occupation code, of the province of the health center that has issued the report as well as the generic data identifying the company&#039;s process, defined through the Electronic Data Submission (RED) system.<br \/>\nAll this information will be transmitted to the INSS along with the discharge, confirmation or registration report presented by the employee, and may be done by telematic means.<\/p>\n<h3 style=\"text-align: justify;\">Who pays the worker?<\/h3>\n<p style=\"text-align: justify;\">In general, by delegation the payment is made by the company with the same frequency as salaries. In the case of a common illness or non-work accident, payment of salary between the 4th and 15th day of sick leave is the responsibility of the employer. From the 16th onwards, payment will be from the INSS or the mutual insurance company. In the case of self-employed workers, payment is made directly by the competent managing or mutual entity.<\/p>","protected":false},"excerpt":{"rendered":"<p>With its entry into force, among other things, doctors will be able to issue sick leave and discharge certificates at the same time, and the sick leave forecast can be updated over time. The reform approved by the Government has the fundamental objective of combating sick leave fraud [\u2026]<\/p>","protected":false},"author":2,"featured_media":28604,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[14,132],"class_list":["post-28603","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias","tag-asesoria-laboral-murcia","tag-seguridad-social"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/28603","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=28603"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/28603\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/28604"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=28603"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=28603"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=28603"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}