Temporary Disability

1) Will have the consideration of determinant situations of temporary disability: 

a) The owed ones to common illness or professional and to accident, be or not of work, while the worker receives healthcare of the Social Security Institute and it is prevented for the work, with a maximum duration of three hundred sixty-five days, extendable because of other one hundred eighty days when it is shown off that it can the worker during them be registered medical because of healing.

b) Periods of observation due to occupational illness in which sick leave is prescribed during the same, with a maximum term of six months, which can be extended by another six when deemed necessary for the study and diagnosis of the disease.

2) For the purpose of the maximum period of duration of the situation of temporary disability that is pointed out in the letter a) of the previous section, and of its possible extension, periods of relapse and remark will be counted.

It will be considered that exists fallen on the same process when a new medical discharge is produced for the same one or similar pathology within the one hundred eighty calendar days next on the date of effects of the previous hospital admission

1) Until completion of the three hundred sixty-five-day duration period of temporary disability processes, the National Social Security Institute shall exercise, through its medical inspection service, the same powers as the Social Security Health Services Inspection or the equivalent body of the respective public health service to issue a medical discharge for all purposes, as well as to determine that a relapse exists within the same process when the circumstances set out in the final paragraph of section 2 of the preceding article occur.

When the medical discharge has been issued by the National Social Security Institute, it shall be the sole authority, through its medical inspection service, competent to issue a new medical leave arising from the same or a similar condition within one hundred eighty days following the aforementioned medical discharge.

2) Once the three hundred sixty-five-day duration period indicated in the preceding section has been exhausted, the medical inspection service of the National Social Security Institute shall be the sole authority competent to issue a medical discharge due to recovery, improvement allowing return to work, with a proposal for permanent disability, or due to unjustified failure to attend medical examinations called by that managing entity. Likewise, the aforementioned medical inspection service shall be the only authority competent to issue a new medical leave in a temporary disability situation arising from the same or a similar condition within one hundred eighty calendar days following the aforementioned medical discharge.

Failure to issue a medical discharge once that period has elapsed shall mean that the worker is in the extended temporary disability situation referred to in Article 169.1(a), as it is presumed that within the subsequent one hundred eighty-day period the worker may be medically discharged due to recovery or improvement.

The mandatory collaboration in payment of the benefit shall continue until the interested party is notified of the medical discharge due to recovery, improvement, or unjustified failure to attend medical examinations, or until the last day of the month in which the National Social Security Institute has issued a medical discharge with a proposal for permanent disability, or until the maximum period of five hundred forty-five days is reached, in any case ending on that date.

Collaborating companies in the administration of Social Security referred to in Article 102.1(a) shall continue payment of the benefit at their expense until the date on which the interested party is notified of the medical discharge or the decision terminating entitlement to the benefit, including, where applicable, the situation involving the extension of the economic effects of temporary disability referred to in Article 174.5.

3) Against a medical discharge due to recovery, improvement, or unjustified failure to attend medical examinations issued by the medical inspection service of the National Social Security Institute after the three hundred sixty-five-day duration period indicated in the preceding section has been exhausted, the interested party may express disagreement before the medical inspection service of the public health service within four calendar days. If it disagrees with the decision of the medical inspection service of the National Social Security Institute, it shall have the authority to propose reconsideration of that decision within seven calendar days, specifying the reasons and grounds for its disagreement.

If the medical inspection service of the public health service confirms the decision of the Medical Inspection of the National Social Security Institute or if no statement is issued within eleven calendar days following the date of the decision, the aforementioned medical discharge shall take full effect. During the period of elapsed time between the date of the hospital admission and that in which the same one acquires full effects will be considered extended the situation of temporary disability.

If, within the aforementioned maximum period of seven calendar days, the medical inspection service of the public health service expresses disagreement with the discharge issued by the medical inspection service of the National Social Security Institute, the latter shall issue an express decision within the following seven calendar days, notifying the interested party of the reconsideration or confirmation of the medical discharge, which shall also be communicated to the medical inspection service of the public health service. If the medical discharge is reconsidered, the extension of the temporary disability status shall be granted to the interested party for all purposes. If, on the contrary, it reaffirms its decision, providing the additional evidence supporting it, the temporary disability situation shall only be extended until the date of the latest decision.

During the extension of the temporary disability status, the mandatory collaboration in payment of the benefit shall continue, as well as voluntary collaboration, where applicable.

4) The implementing regulations of this article shall establish the manner in which the necessary communications are to be made for the exercise of the powers provided herein, as well as the obligation to inform companies of decisions adopted that affect them.

5) Likewise, in accordance with Additional Provision Nineteen of Law 40/2007 of 4 December, on Social Security measures, the administrative procedure for review by the National Social Security Institute, at the request of the interested party, of medical discharges issued by collaborating entities in temporary disability processes shall be established by regulation.

6) The procedures for challenging medical discharges issued by the National Social Security Institute shall be governed by the provisions of Articles 71 and 140 of Law 36/2011 of 10 October, regulating the social jurisdiction.