Medical leave or temporary disability It is that situation where a person cannot work either due to illness or an accident. As its name indicates, it is temporary, that is, we cannot be in that situation indefinitely. According to article 174.2 of the General Law of Social Securitythe maximum duration of temporary disability is 545 calendar days, that is, a year and a half or 18 months.
Upon reaching that limit, the National Social Security Institute (INSS) must decide whether you can return to work or whether your permanent disability is recognized. In this sense, lawyer Pablo Ródenas explains that “when you reach 18 months of temporary disability, the INSS has to make a move, and there are only three exits.”
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Receive medical discharge
The first possibility is that Social Security gives us a medical discharge, that is, the sick leave ends and we must return to our job. This situation occurs when more treatments that could improve the patient’s situation are not justified.
In this case, the company will reactivate the employment contract and the employee will no longer depend on the mutual insurance company or Social Security, so they will return to contributing normally. Now, the worker may consider that the Social Security decision has not been justified. In this case you can claim administratively and if they do not agree, go to court, presenting a prior claim within 11 business days.
Exceptional extension of temporary disability up to 24 months
Although it is true that The limit is set at 18 monthsSocial Security may authorize an extraordinary extension of six more months, up to 24 months (720 days). This extension is exceptional and can only be used when it is anticipated that there may be a short-term improvement. During this time, the worker continues to receive the temporary disability benefit paid directly by the INSS or the mutual insurance company, as appropriate.
As Ródenas explains, this extension is not granted automatically, since “there must be a medical report that justifies the real possibility of improvement,” the lawyer points out. Now, in the event that there are no reasonable expectations of recovery, Social Security cannot prolong the leave and must consider opening a permanent disability file.
Assessment to grant permanent disability
The third option is initiation of a permanent disability file. In this situation, the Disability Assessment Team (EVI) or Medical Court will determine if the worker suffers from limitations that prevent or limit him from continuing to work, either totally or partially. Depending on the degree of disability (partial, total, absolute or major disability), the worker will be able to access a contributory Social Security pension (in the case of partial, not a monthly pension, but a single payment).
In these cases, the company stops paying contributions for the worker and their contract is suspended, although not extinguished. The employment relationship will be reactivated if the INSS denies the disability and the worker is discharged, or it will be terminated if a permanent pension is finally recognized.
What happens if Social Security does not communicate the resolution?
One of the most common problems is when Social Security does not notify the resolution within the established period. In this case we must pay attention to what the Technical Management Criterion 26/2024and the body has three months to issue a resolution once the 545 days have been reached. However, if a delay occurs, the worker will continue to collect temporary disability benefit until the final decision is issued.
This criterion prevents the affected person from being economically unprotected, even if the limit of 730 days is exceeded. In this case, the collaborating mutual insurance companies will be responsible for continuing to pay the benefit while the medical court has not resolved the file.
Lawyer Pablo Ródenas explains it as “the point at which your work and economic future is decided.” At 18 months, the system enters a critical phase: either health is recovered, or recognition of a permanent disability begins. For this reason, experts recommend maintaining contact with Social Security, requesting a copy of the medical history and verifying the deadlines to avoid possible administrative blockages.