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Duration / Extension / Relapses

For the purposes of calculating the maximum TD period, will a relapse situation be considered if the worker, after receiving their certificate of discharge and returning, goes on sick leave once again for the same ailments that caused the initial

In this case, only the preceding period will be considered if a period of less than 180 days has elapsed between the medical discharge and the following period of sick leave. 

If more than 180 days have elapsed since the previous process, irrespective of whether the injury in question is the same or not, this would be considered as a new entitlement and it would be necessary to prove payment of contributions for 180 days over the last 5 years for a common disease.

 If the injury in question is different, and even if a period of 180 days has not elapsed, it would be considered as a new entitlement and the aforementioned requirements would have to be fulfilled.

Will a TD process be generated if, after the maximum TD period has expired and permanent disability benefit denied, the worker returns to work and goes on sick leave again the same day?

This new period of sick leave would generate a new temporary disability process, with an entitlement to the benefit in the following cases:

  • If it is caused by the same or a similar condition and a period of 180 days of work has not elapsed,  the entitlement will only be recognised if it began with a period of sick leave prior to the date of the  rejection of permanent disability status. This new sick leave report should be issued by the Public Health Service (SPS) for common contingencies  or the SPS or Social Security Mutual Society Partner if it involves professional contingencies.

  • If caused by a different condition, the worker is entitled to the benefit provided that he/she meets the general requirements of this benefit (affiliation or status assimilated to affiliation and a contribution period of 180 days over the last 5 years, if caused by a common disease).

What happens when a temporary disability process begins after the medical inspectors of the INSS have issued the medical discharge?

During the 180 days following the date of said medical discharge issued by the medical inspectors of the INSS, in new processes that may occur, only INSS medical inspectors can issue new sick leave certificates, provided that they are related to the process that gave rise to said medical discharge.

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