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Workers who suffer an illness, injury or illness that makes it impossible for them to carry out their professional activity are forced to take a leave, the colloquial form of what is called what for official purposes is a temporary disability. This situation can be delayed over time, although the General Social Security Law establishes a maximum number of days and later the worker is obliged to reincorporate. In the event that he could not resume his activity, the process will begin to open a file of permanent disability.
As the name itself indicates, being a temporary disability, it lasts a maximum of 365 days. Of course, it will be possible to extend it for 180 days, as long as during that period the recovery or improvement of the worker is foreseen. In this way, if this last requirement is met, a worker could be a total of 545 days off, equivalent to approximately a year and a half.
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However, it may happen that the worker exceeds that one-year limit and needs, due to his condition and state of health, to continue on leave. In that case, it will be mandatory to go through the medical court to start a permanent disability file. If so, it will mean that the worker will not be able to recover and, therefore, You will not be able to return to your regular job.
Although until now, to be able to request it was need to see a doctor and then present the corresponding medical report, as of April 1, 2023 the worker will not be obliged to deliver said document to the company. A change made with the aim of streamlining procedures and eliminating bureaucratic obligations.
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During the time that the worker is on leave, he is not uncovered. His contribution over time provides him with protection, that of the provision of temporary disability, and the amount you will receive for the same will depend on the duration of the disability in question and the origin:
- In cases of temporary disability due to common illness or non-occupational accident 60% of the regulatory base is charged from days 4 to 15, in which the company itself is responsible for paying. As of the 16th, it is Social Security that pays. From day 21, 75% of the regulatory base is paid.
- In cases of temporary disability due to occupational disease or work accident 75% of the regulatory base is charged from the day after the withdrawal and is done by the company.