We hereby inform you that on 1st April 2023 Royal Decree 1060/2022 (“BOE” of 5 January 2023) will come into force, which regulates certain matters regarding the management and control of temporary incapacity processes during the first 365 days of their duration.
This involves a new system for managing sick leave reports for temporary incapacity and its entry into force will produce, among other things, the following new features:
- Removal of the employee’s obligation to receive and submit a copy of the medical report of Temporary Incapacity that was intended for the company.
- The obligation for companies to send information to the National Social Security Institute (“INSS”) in the successive confirmation and discharge reports is removed. They will only have to send the INSS the economic data in the sick leave reports.
From then on, the Public Health Service (Common Illness), mutual insurance company (Accident at Work) or collaborating company will send the data contained in the sick leave, confirmation and discharge medical reports to the INSS by telematic means.
Once the information has been received by the INSS, companies will receive and be able to consult the data through the INSS Companies File.
It should be noted that although the obligation for employees to send a copy of the sick leave report to the company has been eliminated, they are still obliged to notify and justify any absence from work.
We remain at your entire disposal for any queries and/or clarification you may require regarding the entry into force of the new management system for temporary incapacity processes.
