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 the fulfillment of the term of duration of three hundred sixty-five days of the processes of temporary disability, the National Social Security Institute will practice, via its medical examination, the same responsibilities that the Inspection of Health Services of the Social Security Institute or equivalent body of the respective public health service to issue a hospital admission to all intents and purposes, as well as to consider that it exists fallen on the same process, when circumstances are produced that are collected in the last paragraph of the section 2 of the previous article.

When the registration has been issued by the National Social Security Institute, this will be the only competent, via its medical examination, to issue a new medical discharge arising from the same one or similar pathology in the one hundred eighty next days to the aforementioned hospital admission.

2) Sold out the term of duration of three hundred sixty-five indicated days in the previous section, the medical examination of the National Social Security Institute will be the only competent to issue the hospital admission for healing, for improvement that it allows the return to the work, with proposal of permanent disability or for unjustified non-appearance to convoked medical examinations for this managing entity. In the same way, the aforementioned medical examination will be the only competent to issue a new medical discharge in the situation of produced temporary disability, for the same one or similar pathology, in the one hundred eighty calendar days subsequent to the aforementioned hospital admission.

The lack of hospital admission, once sold out the above-mentioned term, will suppose that the worker is found in the situation of extension of temporary disability to that it adverts the article 169.1.a) for showing off that, within the subsequent period of one hundred eighty days, that can be registered medical because of healing or improvement.

The compulsory collaboration in the payment of the provision will remain until is notified to the interested party the hospital admission for healing, for improvement or for unjustified non-appearance to medical examinations, or until the last day of the month in which the National Social Security Institute has issued the hospital admission with proposal of permanent disability, or until the maximum period is fulfilled of five hundred forty-five days, finishing in any case in this date.

Collaborating companies in the management of the Social Security Institute to those which makes reference the article 102.1.a) will maintain the payment its charge from the provision to date in which is notified to the interested party the hospital admission or the resolution through which the right is extinguished to the grant, included, where applicable, the situation of effects extension economic of the temporary disability to that it adverts the article 174.5.

3) When dealing with the hospital admission for healing, for improvement or for unjustified non-appearance to the medical examinations issued by the medical examination of the National Social Security Institute once sold out the term of duration of the three hundred sixty-five indicated days in the previous section, the interested party will be able to state, within four calendar days, its disagreement before the medical examination of the public health service. If this disagreed of the criterion of the medical examination of the National Social Security Institute, will have the faculty of proposing, within seven calendar days, the reconsideration of its decision, specifying reasons and foundation of its disagreement.

If the medical examination of the public health service was pronounced confirming the decision of the Medical examination of the National Social Security Institute or if rebellion was not produced one in the eleven calendar days next on the date of the resolution, the mentioned hospital admission will acquire full effects. 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, in the adverted maximum term of seven calendar days, the medical examination of the public health service would have stated its disagreement with the registration issued by the medical examination of the National Social Security Institute, this last one will be pronounced expressly in the seven following calendar days, notifying to the interested party the reconsideration of the hospital admission or its confirmation, that it will be also communicated to the medical examination of the public health service. If it reconsidered the hospital admission, will be recognised to the interested party the extension of its situation of temporary disability to all intents and purposes. If, on the other hand, was reasserted in its decision, for which will contribute complimentary tests that they base it, the situation of temporary disability will only be extended to date of the last resolution.

During the extension of the situation of temporary disability will remain the compulsory collaboration in the payment of the provision, as well as the voluntary collaboration, where applicable.

4) In the establishment of regulations of this article, the way of making will be regulated precise communications for the exercise of the responsibilities considered in the same one, as well as the obligation of putting in knowledge of the companies decisions that are adopted and that they affect them.

5) Similarly, in accordance with it considered in the additional condition nineteenth of the Act 40/2007, of 4 December, of measures with regard to Social Security Institute, in accordance with the regulations the administrative procedure of review will be regulated, by the National Social Security Institute and to the interested party's application form, of registrations that they issue collaborating bodies in the processes of temporary disability.

6) processes of contestation of the hospital admissions issued by the National Social Security Institute will be governed for that established in articles 71 and 140 of the Act 36/2011, of 10 October, regulator of the social jurisdiction.