The increase in cases of absenteeism from work in Spain has caused an increase in the control of workers who are on medical leave. Beyond the measure announced by the Spanish Government to reinforce surveillance of those employees who have requested two or more temporary disabilities in the same year, medical courts have also become more demanding.
Therefore, small mistakes that may seem harmless can become a cause for denying the extension of medical leave, causing the worker to be discharged and forcing him to return to his job. According to the lawyer specialized in disabilities, Marina Alamino, there are two mistakes “that can complicate things a lot later”.
As the Ministry of Inclusion, Social Security and Migration explains, temporary disability is granted when the worker “is temporarily unable to work and requires health care from Social Security.” As it is temporary, the number of days of medical leave will depend on the evolution of the applicant, who must go to periodic check-ups and be consistent with the prescribed treatment.
Forgetting a medical appointment can lead to discharge due to non-appearance
In this process, it is quite common that the worker must attend different appointments with specialists, who will They will evaluate and prescribe medications to help you with your recovery. These will carry out monitoring and issue reports, which will be essential during the process of evaluating whether the temporary disability extends over time or, in more serious cases, becomes a permanent disability.
One of the worst mistakes that a person who is on medical leave can make, according to Alaminos, is not going to their medical appointments. “Whether they are with specialist doctors or scheduled appointments with the family doctor to renew the cancellations or even the mutual ones,” he explains. Well, if you do not show up, it is activated the control protocol defined in article 175.2 of the General Social Security Law.
According to what is established, the consequences can involve both the precautionary suspension of the financial benefit and receiving a notification in which the worker is given a period of 10 days to justify his absence. If there is no response or the reason given is considered insufficient, it may result in medical discharge with retroactive economic effects. According to the lawyer, “You can be discharged for non-appearance and it is very difficult to revoke it”.
They should always request medical reports
The second mistake that workers usually make during temporary disability is not requesting a medical report every time they attend an appointment. The lawyer assures that this type of documentation, both from specialists and from the family doctor, is key when having to make a claim when you receive a medical discharge without agreeing or want to request permanent disability.
“Every time you take a test or go to a specialist, request a report and thus you will have all the documentation at your disposal,” says the lawyer. Well, thanks to these reports it can be demonstrated that the worker still has limitations that prevent him from returning to his job. Something that will also be especially important during the INSS evaluation to grant permanent disability.
Finally, another issue to take into account is the recent change in Social Security notifications. The Public Administration began, on September 1, to send its communications through the mailbox of its electronic headquarters. These notices will be considered read once 10 days have passed, so those who are not pending will be able to miss important calls with your disability situationboth temporary and permanent.