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Temporary disability: information for companies

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Languages available: Castellano

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Languages available: Castellano

1. In the event that a worker reports preventive isolation due to COVID-19 and does not go to work, and the company is not aware of the existence of a sick leave report, what will the company do?

  • The company may contact the Medical Inspectorate of the Public Health Service so that, if necessary, it can issue the corresponding sick leave report. In these cases, for economic purposes, this assumption will be treated as derived from an occupational accident and in accordance with the diagnoses that are identified by these processes related to COVID-19.
  • More information in the Network Newsletter 3/2020 of 13 March 2020 ( link ).


2. Does the company have to communicate the medical sick leave processes in the cases of COVID-19 through the DELT@ system?

  • No, since the contingency is a common illness, regardless of whether its treatment for the purposes of the economic benefit is as a result of an accident at work.
  • However, exceptionally, in those cases in which the illness has been contracted exclusively in the course of work, under the terms of the General Law on Social Security, it will be considered a work-related accident for all purposes and, in that case, it must be reported through the DELT@ system, as is usually the case.


3. How will the company manage the temporary disability reports due to COVID-19?

Detailed information to guide the company’s actions is available in Network Newsletters 6,7 and 8 /2020. You can access this content at the following link.  

5. What will the company do if a worker informs it of the existence of a temporary disability process due to COVID-19, without providing the sick leave report?

  • The temporary  disability process will only be effective when the report has been issued  by the competent Public Health Service.
  • The company, with respect to the processes of their workers, must verify on a daily basis the existence of the sick leave, confirmation or discharge reports issued by the Public Health Services in the INSS-EMPRESAS (FIE) Service, without having to wait for the worker to provide the copy of the aforementioned reports; information which will prevail over any other information received up to that point.
  • Companies can access information on the FIE INSS- EMPRESAS Service on the Social Security website at the following link.


7. How will the INSS act when it receives a discharge report from the Public Health Service for COVID-19?

  • When the INSS receives a copy of the sick leave report issued by the Public Health Service for common contingencies and COVID-19 diagnosis, it will automatically include the occupational accident contingency in its computer applications and databases.  
  • The essential information for the processing of these processes will be communicated to all the parties with competence in them (company, Social Marine Institute, Mutual Collaborating Companies of Social Security and Social Security General Treasury).
  • The company is informed of this automatic transformation through the FIE INSS-EMPRESAS Service. This communication prevails over any other information.  
  • Companies can access the FIE INSS- EMPRESAS Service on the Social Security website at the following link.


8. How do health data protection regulations apply to business communications?

In accordance with data protection regulations, under no circumstances are companies or their representatives provided with information on the pathological nature or diagnosis of a temporary disability process affecting a working person, and therefore the INSS-EMPRESAS file (FIE) will not include this information under any circumstances.


9. If I am included in a part-time ERTE and I go on sick leave, who will pay me the benefit?

  • The company will pay the delegated payment for temporary disability proportional to the part-time working hours, and the Public Service of State Employment (SEPE) will pay the part proportional to unemployment, similar to what happens in cases of pluri-employment.
  • The amount to be paid by SEPE will be equal to the unemployment benefit, consuming the relevant days of benefit.

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