In view of the increase in expenses generated by work absenteeismthe Government of Spain and the Ministry of Inclusion, Social Security and Migration have wanted to reinforce the surveillance system for recurring withdrawals. A measure promoted by Minister Elma Saiz, which seeks to reduce the number of absences from work, which reached 7.2% according to the latest report published by Randstad.
As revealed by the latest report presented by the Independent Authority for Fiscal Responsibility (AIReF), a quarter of workers accumulate more than half of the cases of repeated casualties over time. A situation that is not only harming companies, but has also caused 80% of the budget allocated for temporary sick leave to have already been spent in the first six months of 2026.
For this reason, both the Government and Social Security itself have announced that controls and inspections will be strengthened relating to those workers who have requested two or more temporary absences in a 12-month period. With this measure, they seek to reduce cases of fraud, as well as ensure that appropriate treatment is being given to those who need it.
What factors will Social Security take into account to evaluate each case?
To better understand how this situation affects citizens, the lawyer specialized in labor law and known on social networks as @un_tio_legal_, Ignacio de la Calzadahas explained the points to take into account for workers. As he explains, given the increase in expenses, “Social Security and Labor Inspection They are going to proceed to carry out surveillance on repetitive cancellation processes“.
An automated process that will be carried out by the State Observatory of Temporary Disability and for which will take into account four determining factors. Firstly, as the labor lawyer explains, it will be the reason why the leave has been requested. “If the ailment recurs and the patient drops out within a period of six monthsthat is, if you have a relapse,” he explains.
It should be remembered that to request a temporary disability due to relapse It will be necessary to have a medical leave report in which it is indicated that the reason for which it is requested is a relapse and that the quoted at least 180 days in the last 5 years. Although this last condition is not applicable to those caused by an accident, of any type, or by occupational disease.
Also They will take into account attendance at medical appointments and consistency in treatment arranged by the health professional who has indicated you for the rehabilitation process. AND if recovery is taking longer than usualthat is, “more than what the duration tables of pathologies or diseases establish,” the lawyer clarifies.
In case of contradiction, only the Public Health reports will be valued.
In these latter cases, they will proceed to investigate why the recovery process is being delayed. During the investigation, Ignacio de la Calzada assures, “Private reports from clinics or doctors will be worth less than Public Health reportsas long as they contradict each other.” Likewise, the granting of a permanent disability will be considered in those cases where it is required.
However, this strengthening of controls It does not mean that workers cannot request a second or third leave. in the same year if necessary. This right will be maintained “and this is not any type of automatic sanction It doesn’t mean that this will take away your medical leave.“recalls the labor lawyer. Although you should always communicate to the company when it has been requested.
It is simply a response to a situation that is causing enormous expenses for the State and that they seek to solve by strengthening controls. Therefore, workers may be summoned before the medical tribunal or the mutual insurance company sooner or even be granted a permanent disability if they feel it is necessary.