Home
Relapses in temporary disability processes
A relapse will be considered to be part of an initial process of temporary disability when sick leave is granted for the same or similar pathology within 180 calendar days of the previous medical discharge date.
Periods of relapse are calculated for the purposes of the maximum duration of the temporary incapacity and its possible extension (Articles 169.2 of the TRLGSS).
Appeal following the denial of permanent disability, in processes of temporary disability of less than 545 days (article 174.1 TRLGSS).
If an application for permanent disability has been filed before the 545 calendar days of the temporary disability has passed, the right to permanent disability benefit is then denied. The Spanish National Social Security Institute (INSS) will be the only body authorised to grant a new period of sick leave for the same or a similar pathology within the 180 calendar days following the negative ruling.
To this end, the worker shall send the corresponding request for sick leave due to relapse to the aforementioned Institute.
Application for medical leave due to relapse after refusal of permanent disability
Relapse in temporary disability processes after a medical discharge issued after 365 days (Article 170.2 TRLGSS).
When, once the temporary disability process has reached 365 days, the Spanish National Social Security Institute medical inspectorate has issued a medical discharge, said Institute will be the only body competent to issue a new medical discharge for the same or a similar pathology within the following 180 calendar days.
To this end, the worker shall send the corresponding request for sick leave due to relapse to the aforementioned Spanish National Social Security Institute.
Relapse in temporary incapacity processes after a medical discharge issued by the National Social Security Institute before 365 days (Article 170.1 TRLGSS).
When, before the temporary incapacity process has reached 365 days, the National Social Security Institute has issued a medical discharge, the National Social Security Institute alone shall be competent to issue a new medical discharge for the same or a similar pathology within the following 180 calendar days.
To this effect, if the worker is again unable to work due to the same or a similar pathology, before the 180 calendar days following the discharge issued by the National Social Security Institute have elapsed, they must apply to the latter for medical leave due to a relapse.