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Medical leave procedure Spain 2023


From 1 April 2023, medical leave in Spain will be much easier to process because the government has eliminated the obligation for salaried workers to be the ones who have to send sick leave or temporary incapacity reports to their companies. From now on, the responsible administration will be responsible for sending the data contained in the medical reports by telematic means.

Below, we explain all the details about the new procedure for managing temporary incapacity in Spain.

How to take medical leave in Spain 2023?

The amendment to Royal Decree 625/2014, of 18 July 2014, made by the Royal Decree 1060/2022 of 27 December, regulates certain aspects of the management and control of temporary incapacity (TI) during the first 365 days of its duration.

This new measure aims to streamlining procedures, eliminating bureaucratic obligations and avoiding potentially burdensome processes for people who are temporarily incapacitated.

medical leave procedure

Temporary incapacity procedure

  1. The doctor issues the sick leave, confirmation or discharge report and gives a copy to the worker. Meanwhile, the Public Health Service, mutual insurance company or collaborating company sends the data contained in the reports to the INSS.  "by telematic means, immediately and, in any case, on the first working day following the day of issue".
  1. The INSS notifies the companies of the identification data relating to the sick leave, confirmation or discharge reports issued by the doctors of the Public Health Service, mutual insurance company or collaborating company, referring to their workers, "at the latest on the first working day following their receipt at the Institute".
  1. The company transmits to the INSS, through the system of Electronic Data Remittance (EDR)The financial data for the calculation of the corresponding benefit shall be entered in the within a maximum of three working days from the date of receipt of the notification of sick leave. Otherwise, the company would face a fine of 70 to 750 Euros for a minor infringement of the Law on Infractions and Sanctions in the Social Order (LISOS).
  1. The INSS will manage the medical reports and the data communicated by the company and will distribute and forward them to the entity responsible for managing the benefit.

In relation to discharge reports, when these are issued by the INSS medical inspector, the Public Health Service or the mutual insurance company will be informed and they will send it to the company. In the same way, the medical inspector shall give a copy to the worker and inform him/her of his/her obligation to return to work the day after the day of issue.

Copies of deregistration, confirmation and discharge forms

According to the legislation on Social Security  "Only one copy shall be given to the worker, and the second copy and the obligation for the worker to give this copy to the company, managing body or mutual insurance company is eliminated".

Extension of sick leave and confirmation reports

In relation to the extension of sick leave and confirmation reportsThe rule provides that medical staff may set shorter time limits for medical examinations than those specified, depending on the progress of the process.

When do the changes to temporary incapacity come into force?

Royal Decree 1060/2022 will begin to apply to new temporary incapacities and to those that are in progress - and have not exceeded 365 days - from 1 April.

Employment Lawyer in Malaga

From our Law Firm in Malaga we offer specialised advice according to the specific needs of our clients in the following areas Labour and Social Security matters in Malaga.

Contact with us for more information or to request any of our services:

  • Retirement, partial retirement and early retirement pensions in Malaga.
  • Widow's and widower's pensions, orphan's pensions, disability pensions.
  • Incapacity for work in Malaga.
  • Sick leave due to occupational accident, sick leave due to common illness, sick leave due to occupational illness, temporary incapacity for work.
  • Childbirth and childcare allowance (maternity and paternity), reduction of working hours, voluntary leave of absencechildcare allowance, breastfeeding, childcare allowance.
  • Proceedings to claim social security benefits in Malaga.
  • Assistance and representation and defence in court.
  • Advice on work-life balance and workers' rights.

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