The temporary disability (TI), commonly known as medical leaveis the right that a worker has to request the suspension of his work activity when he suffers an illness or accident that prevents him from performing his job temporarily. While in this situation and until its maximum duration, the worker has the right to receive an economic benefit from Social Security, the amount of which ranges between 60% and 75% of the regulatory base. Now, Social Security warns that this The benefit may be suspended or withdrawn if the worker does not follow the prescribed treatment appropriately..
Temporary disability seeks cover lost income of the person who, due to being on sick leave, cannot work. This can be accessed due to a common illness, a non-work accident, an occupational disease or a work accident. It also protects specific situations of working women, such as secondary disabling menstruation, termination of pregnancy with healthcare and pregnancy from the thirty-ninth week.
In this way, as the Social Security website explains, in order to continue receiving this benefit, it is necessary for recipients to comply with a series of obligations. The first thing, and as we have anticipated, is the obligation to comply with the medical treatment prescribed by Social Security professionals or collaborating mutual insurance companies. In the case of refuse or abandon treatment without justified cause, the right to the benefit will be suspended. Social Security can even withdraw the benefit in certain cases.
Other situations to suspend temporary disability
He article 173 of the General Social Security Law (LGSS)details the other situations for which the INSS can definitively withdraw the temporary disability benefit, being the following:
- When it is detected that the temporary disability benefit has been obtained or maintained fraudulently.
- If the worker carries out any work activity, whether self-employed or employed, while on sick leave.
- When the beneficiary does not attend medical appointments scheduled by professionals from the National Social Security Institute or collaborating mutual insurance companies, without justified cause.
On the other hand, it should be noted that failure to attend medical appearances or appointments will lead to the suspension of the temporary disability benefit (which is not the same as the disability subsidy managed by the SEPE).
Also trips abroad without authorization. Being on medical leave does not prevent you from traveling, but in these cases it is better to notify Social Security so that they are aware and do not give prior authorization.