The new forms for notification of sick leave, registration and confirmation of temporary incapacity are published, valid from 1 April 2023.
Royal Decree 1060/2022 of 27 December abolishes the obligation for medical practitioners to provide employees with a paper copy of their sick leave, discharge and confirmation medical reports for the company and, therefore, the obligation for them to provide it to the company within a certain period of time.
With the new procedure, it will be the public health service, the mutual insurance company or the collaborating company that will directly send the IT situation to the National Social Security Institute (INSS) by telematic means, which will in turn to communicate it to the employee´s company with its purely administrative identification data.
The doctors will only issue the copy of the report to the employee, which the company will have to access telematically. The employee doesn´t have to provide the company with the copy.
The National Social Security Institute will communicate to the company, through the INSS COMPANIES file of the Electronic Data Remission System (RED), and at the latest on the working day following its receipt at the said Institute, the merely administrative identification data relating to the medical reports of sick leave, confirmation and discharge issued by the doctors of the public health service or the mutual insurance company, referring to its employees.
Regarding the communication of economic data by the company, the company is responsible for transmitting the medical leave of employees through the RED System and within the period established by law.
The obligation to transmit the financial data is incumbent on companies even if they have assumed responsibility for the payment of the financial benefit for temporary incapacity, on a voluntary basis.
Inmaculada Pessini
