Procedure for Temporary Disability

Below are details of the general procedure

What is Temporary disability?

Situation of the worker while he/she is temporarily unable to work and receives medical assistance from the Social Security. During this period, a daily allowance can be paid to cover the loss of income for the reasons mentioned.

When does it begin?

• For common diseases or non-work-related injuries, from the 4th day of leave.
• In the event of a work-related injury or occupational disease and in special TD situations due to the interruption of pregnancy or gestation of the working woman from the day following the day on which she takes sick leave.
• In the case of the special situation of TD due to secondary disabling menstruation, from the first day of sick leave.
  

What are the procedures and where do they have to be carried out?

From the beginning to completion of the 365 days of the TD status:

• The Public Health Service or, where appropriate, the Social Security Mutual Society Partners and the collaborating companies, will issue the sick leave, confirmation of sick leave and medical discharge certificates.
• The Spanish National Social Security Institute (INSS) and, where appropriate, the Social Marine Institute (ISM), through their medical inspectors, can issue medical discharge certificates that are valid for all legal purposes.

Expiry of the 365 days of TD.

• The Spanish National Social Security Institute, through its medical inspectorate, is the only body competent for opening a Permanent Disability file, issuing a new sick leave certificate, if this takes place within a period of 180 days subsequent to issuing the medical discharge certificate for the same or similar pathology.
  

What is the maximum duration of the benefit?

If it is for a disease or injury, it will last for 365 days. This can be extended by a further 180 days if the person is expected to be cured during this period.

When do benefits end?

• When the maximum specified period has elapsed.
• Due to medical discharge.
• Upon becoming a pensioner.
• Due to failure to submit to the medical examinations.
• In the case of the thirty-ninth week of pregnancy, it shall be until the date of delivery.