Entry into force of the new special temporary disability situations

01/06/2023

Regulations

Autor

Fraternidad-Muprespa

On June 1, 2023, the new situations of special Temporary Disability due to Common Contingencies that were introduced in Organic Law 1/2023, of February 28.

We will remember that these are three new special cases of Temporary Disability due to Common Contingency, for the following situations:

SPECIAL IT SITUATIONS	POSSIBILITY OF RElapse	CONTINGENCY	LACK	BIRTH BENEFIT	DURATION	AMOUNT OF BENEFIT	RESPONSIBILITY PAYMENT BENEFIT
Secondary disabling menstruation	No, each process is considered new.	Common Contingency.	No	1 ^er low day.	The normal one (until the doctor issues the discharge report).	1 ^er On the 20th day, 60% of the Regulatory Base As of the 21st, 75% of the Regulatory Base.	From 1 ^er day: INSS/Mutua (the company pays in delegated payment).
Termination of pregnancy	Yeah	Common Contingency * Unless it is a consequence of an AT/EP in which case it will be contingency 3 (AT) 4 (EP).	No	Day after discharge, 1 ^er salary day.	The normal one (until the doctor issues the discharge report).	1 ^er day: salary 2nd to 20th day 60% of the Regulatory Base As of the 21st, 75% of the Regulatory Base.	1 ^er day: salary paid by the employer From 2nd day: INSS/Mutua (the company pays in delegated payment).
Pregnancy of the working woman from 1 ^er day of the 39th week	Yeah	Common Contingency.	Yeah	Day after discharge, 1 ^er salary day.	From the beginning of the leave until the date of delivery, unless the worker had started facing a Risk during Pregnancy.	1 ^er day: salary 2nd to 20th day 60% of the Regulatory Base As of the 21st, 75% of the Regulatory Base.	1 ^er day: salary paid by the employer From 2nd day: INSS/Mutua (the company pays in delegated payment).

How will companies know how to differentiate "normal IT" from "special IT"?

As reported in the RED News Bulletin No. 7, published on May 16, companies will be able to differentiate whether the IT is "normal" or "special" through a new field that they have incorporated into the FIE/FIER file through which the INSS informs companies of the medical reports.

Specifically, in version 3.00 of the INSS Companies File (FIE) they have incorporated a new field called "special IT situations" that will have the following values:

When it is a special TR due to secondary disabling menstruation.
When it is a special IT due to pregnancy interruption.
When it is a special IT due to pregnancy of the working woman from the first day of the 39th week of pregnancy.
When it is an IT due to COVID.19 (which is not considered a health and social-health work accident).

You can read Organic Law 1/2023 published in the BOE, below at the following link: