2023-08-02 11:30:10
Any worker can take advantage, in case of suffering health problems that prevent them from working normally, to a sick leave. This right assists any employee, whether the cause of his health problem has been an accident (whether or not it is the responsibility of the company), or if it has been caused by an illness (occupational or common). In addition, both physical and mental causes can lead to sick leave, generating the right to collect a Social Security benefit.
Different assumptions must be distinguished to know how much can be charged and for how long. So that you leave doubts, we tell you what is sick leavewhen you can enjoy it and until when, how it is managed and the requirements that you must meet in each case.
What is sick leave and what does it consist of?
The sick leave corresponds to the time an employee needs to recover their health following an illness or accident, either due to:
professional contingencieswhen the cause is a work accident or occupational disease. Common contingencies, when the cause is a common illness or a non-work accident, including causes unrelated to work.
During this recovery period, the worker will have the right to be absent from his job and collect a Social Security benefit: the most frequent is provision for Temporary Disability (IT), better known as temporary leave, which has a maximum duration of one year.
The most frequent thing is that the worker recovers within that period of time: in the event that the situation of leave exceeds that temporary limit, we would enter the field of Permanent Disability.
Frequent causes of sick leave
Some most frequent causes of sick leave They are back injuries, flu and other respiratory diseases, infections, heart problems, cancer conditions and psychiatric problems.
The incidence of mental illnesses (depression, anxiety…) is increasing. During 2022, the largest number of leaves belonged to the category of psychiatric pathologies (11.2% of the total), also being the leaves with the longest average duration: 134.3 days.
There are also numerous occupational diseases that have to do with the use of chemical or physical or biological agents, inhalation of substances…
In the case the sick leave due to work accidentan accident at work is understood as any ailment that the worker contracts due to the performance of his work, including accidents that occur during travel to and from his workplace (accidents on the road).
Requirements to be able to request a leave of absence
There are certain requirements that the worker must meet to access sick leave:
Be registered with Social Security (or in a situation assimilated to discharge) at the time the illness or accident occurs. In case of leave due to common illness, have contributed a minimum of 180 days in the last 5 years (In case of sick leave due to accident or occupational disease, a minimum contribution period will not be necessary).
How should a sick leave be processed?
It is necessary to go to the Public Health Service (or, where appropriate, to the Mutual Society or collaborating company) to obtain the medical leave, which must be presented at the company within 3 days, either in person or through a third party, in order to collect the Social Security benefit.
It will also be necessary to obtain and deliver the discharge confirmation parts (when it spreads) and the high partwhen it occurs.
When the 356 days that the Temporary Disability can last are exhausted and as long as there is a right to an extension, a Permanent Disability file. The possibility of exceptionally extend Temporary Disability up to 180 days if it is presumed that the worker could be discharged during that period.
How many days can you miss work without medical leave?
it’s possible miss work without medical leave but for just cause. In these cases, the doctor can deliver a medical certificate of rest that will justify the absence from work, but will not give the right to collect salary during these days.
It is common for doctors to provide this type of receipt when the rest should not exceed 3 days, since, in the event of common sick leave, the employee would begin to collect his benefit from the 4th day.
How is paid in sick leave and how much?
When on leave, the employee stops receiving his salary. That is why there is a benefit that covers this salary gap. As to who pays sick leavecorresponds mainly to Social Security, although it is frequent that the company is in charge of the income (or the Mutual), which it will have received before Social Security.
if you wonder what day is the withdrawal charged by the INSS, Typically, the payment is made on the last business day of each month.
The Temporary Disability benefit is charged as follows:
If the drop is for common contingencies, the worker will not receive anything during the first 3 days of sick leave. From the fourth day and until the 20th day of withdrawal, 60% of the regulatory base will be charged. As of the 21st, 75% will be charged. If the drop is for professional contingencies75% of the regulatory base will be charged from the day after the cancellation.
The regulatory base will depend on the contribution base for common or professional contingencies of the last payroll: calculate temporary leave It consists, therefore, in taking the data from your payroll that corresponds to your case (common or professional contingencies) and applying the corresponding percentage. It is possible that the worker’s collective agreement improves these percentages.
if you wonder if 100% is charged while on leave due to work accident or any other situation caused by the company, the answer is, in principle, negative, unless the agreement establishes otherwise: the legal percentage is 75%.
Lastly, in case Permanent Disability, the percentages will be different and will depend on the degree of disability, among other factors. The greater the severity of the case and the inability to work, the higher the percentage that can be collected, reaching 100% in case of absolute disability and to an even higher amount in the event of severe disability, thanks to an economic supplement.
Is it quoted while on leave due to common illness?
He worker on sick leave continues to contribute to Social Security despite the fact that their work obligations are interrupted during an intuition of temporary disability, as long as the employment relationship continues to exist. In this way, rights in terms of contributory benefits are not lost.
Can I be fired while on leave?
It is possible the dismissal while on leave due to work accident or for any other cause that causes a Work Incapacity, either due to common or professional contingencies.
What the company can never do is fire an employee based on the situation of leave or its duration: it is necessary that there are other reasons that justify the dismissal (for example, economic or organizational causes).
If the worker manages to prove that the cause alleged by the company is not fulfilled, a judge could consider the dismissal void, with the consequent mandatory reinstatement of the employee to the company and the payment in his favor of all the salaries not received during the period dismissal (processing wages).
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