Temporary disability: information for workers

• 3. If I am in a situation of temporary disability by direct payment, do I have to continue submitting the confirmation reports to the INSS in order to receive payment of my benefit?

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  • If the Public Health Service has issued the corresponding confirmation report or, if applicable, discharge report, the INSS will proceed to pay the temporary disability benefit automatically without the need for you to submit the confirmation and/or discharge reports.    
  • The period covered by the above-mentioned confirmation and/or discharge reports will be paid with the centralised monthly payroll, as was the case before the extraordinary situation of COVID-19 containment measures.

  • However, the National Social Security Institute can only issue payment if the corresponding confirmation and/or discharge reports have been issued beforehand.

  • If you do not receive payment, you should contact the Public Health Service (SPS) to find out if the confirmation and/or discharge report has been issued and to resolve, if applicable, the issue of the report, since the SPS is the competent body to issue confirmation and/or discharge reports.

  
  

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

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  • 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.

  
  

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

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

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

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• 7. If I am on sick leave, can I be included in an ERTE? How will it affect my benefit?

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  • 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.

  
  

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• 8. If I am included in an ERTE suspending by working relationship and I go on sick leave, who will pay me the benefit?

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  The benefit for temporary disability will be paid by the Public Service of State Employment (SEPE), by delegation of the Spanish National Social Security Institute (INSS) or by the Social Marine Institute if it involves a seafarer. Its amount will be equal to the unemployment benefit, with the corresponding consumption of benefit days.

  In the event that the TD is protected by an MCSS or collaborating company, the SEPE suspends the unemployment benefit and the TD benefit is paid directly by the MCSS or collaborating company.

  
  

  
  

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• 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?

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  • 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.

  
  

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

  Category: Subsidies and other benefits > Subject: Temporary disability: information for workers

  
  

  • 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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