Key points regarding the cancellation of the worker and its procedures, motivated by isolation or contagion provoked for Covid-19:
Isolation or contagion periods
The periods of isolation or contagion of the workers, caused by Covid-19, although are processes of Non Work-related injury or disease, are considered as an assimilated situation to the Work-related injury, exclusively to effects of temporary disability allowance, which is why workers from day one charge of the cancellation, being in charge of the employer the payment of the whole wage corresponding to on the day of this cancellation.
Lack is not demanded. The date of the responsible for fact will be the date in which remembers the isolation or illness of the worker, without prejudice to that the sick leave is issued later than that date.
The issuance of the sick leave, confirmation and registration in any case will correspond to the Public Health service – SPS - to that which is linked the worker according to its address and, despite the fact that they were issued initially as a common illness, will have economic effects as an AT. The information of the part that is communicated via the Red SYSTEM - file FDI or online services - should carry out according to details that they appear in the aforementioned ones start from the SPS corresponding (especially with regard to the contingency).
If it had some modification by the INSS on referred details, will learn more via the file INSS-Business (FIE), that it will contain the information that figure in the databases of the INSS for that process. If there was disagreement between referred details initially by the company and statements in the FIE, especially with regard to the type of contingency, will be owed to proceed to the shipment of a new communication via the File FDI, writing down the type of contingency that it corresponds and including, in case the contingency is qualified as an AT, the average of the made extra hours in the previous year.
In any case, the contribution should be coherent (when it comes to contingency, benefits base and amount) with the sick leave issued by the SPS, unless this has been modified by the INSS and statement through file FIE
Parts prior to the Actual one decree-law 6/2020
Issued parts before the coming into force of the Royal-Decree Law 6/2020 they will will be reconverted by the INSS by trade to the contingency of work-related injury, as long as the sick leave a diagnosis related to is matched the COVID-19.
Perseverance of the company
When the worker notifies the isolation without the company has initial perseverance of the existence of a sick leave, this you can put in touch with the Medical Examination of the Serivico Public of Health so that it confirms if there is that situation of isolation decreed by the Autonomous Community's competent health authority, and if it proceeds or not the issuance of the part in each case.
It is remembered that the company is not a valid contact person to request to the statutory authorities of Departments of Health the expedition of sick leave medical certificates, confirmation or registration, that they should proceed to issue them in the terms and in accordance with set procedures to this end.
The cancellation is processed for Red SYSTEM in accordance with the contingency reflected in the part, in this Non Work-related injury or disease case and not precise to process Work-related injury Report for Delta.
If knowledge of the cancellation is had directly for the file FIE or IDC of the worker, and this was Contingency Work, will be processed as such.
If there was disagreement between referred details initially by the company and statements in the FIE, with regard to the type of contingency, will be owed to proceed to the shipment of a new communication to trravés of the file FDI, writing down the type of contingency that it corresponds and including, in case the contingency is qualified as an AT, the average of the made extra hours in the previous year.
As I can identify cancellations because of contagion or isolations of COVID-19
1 - Through the file FIE* you can consult all cancellations/registrations of the workers. In this file appear all cancellations, included those of the diagnoses regarding the coronavirus (isolation or contagion), which will be identified with the contingency 3 - Work-related injury.
* The file FIE is the file through which the National Social Security Institute communicates to the users of the Red SYSTEM the information on variations that experience Social Security Institute's provisions of its hard-working people, so much subsidies (short term provisions), as other provisions that affect to its employment contract or to the business obligations with the Social Security Institute.
This file will be sent to the users of the Red SYSTEM via the programmes of the TGSS (SILTRA/Winsuite32).
The File INSS-Business (FIE) is daily at the disposal of the Authorised ones RED of each company via SILTRA, or, where applicable, via EDITRAN.
This file is ready to be built in in the applications of management salaries of the companies.
2 – Additionally can check it via the IDC of the worker "Report of Details for the Contribution ".
It will appear open the stretch to deduct starting from the next day to the date of the cancellation, and with the type of peculiarity: 23 IT.AT. Delegated payment, in this way you can proceed to the delegated payment due to work-related injury.
Field of contribution
In the field of contribution will be made as a temporary disability derived from occupational contingencies. Is identified, therefore, with the PEC 23 “delegated payment TEMPORARY DISABILITY AT and OCCUPATIONAL DISEASES” and is applied to the economic concept 663 “Compensation TEMPORARY DISABILITY by AT and OCCUPATIONAL DISEASES”. In the IDC of the worker is indicated as delegated payment for Work-related injury.
When a worker coexists with a confirmed case has narrow contact range and, therefore it, he must communicate it for the service channels stipulated by the Ministry of Health Care. Health authorities will do a customised assessment, including measures as the temporary cessation of the work activity of the worker and the application of quarantine.
Permission care of great with risk and minors
In the current moment and while it has not new legislation in this regard, in the cases in which the worker requires a permission for care of great with risk and of minors, the company, to own option and decision, it will be able to give a paid leave to its employee.
Provision of the Risk during pregnancy and the Breastfeeding
Given the extraordinary situation in which us find and, although public health services have enabled means to provide to the workers corresponding medical reports, hospital discharge certificates, cancellation and confirmation according to the appropriate provision, in the event of finding with some worker that can not contribute the corresponding report issued by the Public Health service, provisionally” shapeless will be accepted “issued by a private practitioner if it has the same one or we will assume the week of gestation that report the worker in the form, at the expense of that later, once completed the situation of exceptional nature, he must present us the corresponding medical report issued by the Public Health service.
This certificate is linked to the validity of the Actual decree-law 463/2020 through which the state of emergency is declared for the management of the health crisis situation brought about by the COVID-19, which is why before the impossibility of complying with that established in the article 39.1 of the Royal Decree 295/2009 (article 47.1 for RETA), is certified provisionally the occupational risk during the situation of pregnancy, owing present the corresponding report issued by the physician of the Pubic Service of so prompt Health works out the extraordinary current situation. This company reserves the right of demanding the provision before its non-compliance by the worker applicant”.