Temporary disability: information for workers

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Languages available: Castellano

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Languages available: Castellano

1. How will preventive isolation periods be considered in COVID-19 processes?

These periods will be considered as temporary disability due to common illness, regardless of their treatment for the economic benefit as an exceptional assimilation to the contingency of accident at work.


2. Who will issue the sick leave, confirmation and discharge reports for COVID-19 processes? What will be the contingency to communicate in these cases?

  • The Public Health Service of the Autonomous Community, to which the worker is linked according to their address, will be responsible for issuing the sick leave, confirmation and discharge reports.
  • Despite being issued as common diseases, they will be treated, only for economic purposes, as the cases arising from accidents at work.


4. To which entity does the payment of the temporary disability correspond in these cases?

  • The full salary on the day of the sick leave will be paid by the employer, regardless of whether or not there has been any actual work done on the day of the medical sick leave.
  • From the following day onwards, the entity that protects the professional contingency of the company's workers will be responsible for the temporary disability.


5. Who will be in charge of providing medical assistance and controlling medical reports in these cases?

Medical assistance and medical report control will be carried out by the Public Health Service.

6. What will be the date of the event causing temporary disability due to COVID-19? What about cases prior to the entry into force of RDL 6/2020 of 10 March?

  • The date of the causal event shall be that on which the isolation or illness of the worker is agreed, without prejudice to the fact that the sick leave report is issued after that date.
  •  For those periods of isolation or illness that have occurred prior to the entry into force of  Royal Decree-Law 6/2020 of 10 March (date of entry into force: 12 March 2020), the application of the above shall be implemented retroactively to the date on which the isolation or diagnosis of the disease has been agreed. Therefore, the financial benefit for temporary disability that was caused at that time must be considered as a situation assimilated to an accident at work.


7. If I am on medical sick leave, can I be included in an ERTE as a result of the declaration of the state of alarm? How will it affect my benefit?

  • If you are receiving temporary disability benefit  and you are included in an ERTE work cessation or reduction procedure, your measures will not affect you until you are medically discharged.
  • You will continue to receive a temporary disability benefit, which will continue to be paid by your employer as a delegated payment.


10. If I am receiving temporary disability payment by delegated payment from my company and my leave 365 days, how does the exceptional situation caused by COVID-19 affect me?

  • The INSS will not issue discharge resolutions after the 365-day duration of temporary disability until the state of alarm ends.
  • The issue of temporary disability extension resolutions is also temporarily suspended so the company will continue to pay the delegated benefit until the INSS decides on the incapacitating status of this worker, once the state of alarm ends.
  • Therefore, the worker need not complete any formalities to continue receiving temporary disability benefit as the company must continue to make delegated payments as to date until the 365-day duration ends. Neither must the worker request confirmation reports as the Public Health Services is not obliged to issue them after 365 days.


11. If I have been contracted to implement agricultural employment measures adopted due to the state of alarm. Is remuneration received compatible with Social Security temporary disability benefit?

Remuneration obtained for temporary agricultural work that meets the terms established in Royal Decree-Law 13/2020, of 7 April, is incompatible with Social Security temporary disability benefits.


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