Temporary incapacity is the time during which a worker remains on sick leave, whether due to common illness, occupational disease or accident (occupational or not).
We usually speak of being on sick leave, time of sick leave, etc. However, the General Social Security Law (Royal Legislative Decree 8/2015, of October 30) in its article 169 specifies and delimits all of this.
Therefore, it is the period during which a worker remains on sick leave, whatever the cause, from the day the sick leave begins. The law specifies that it is a requirement that the worker requires assistance and is unable to perform the work.
Which disorders are considered a transitory disability?
All those that begin with a sick leave, whatever the cause, i.e., due to any illness or any accident.
Article 158.2 of the aforementioned Law states: disorders of health that do not have the status of occupational accidents or occupational diseases, in accordance with the provisions of paragraphs 2.e), f) and g) of Article 156 and Article 157, respectively, shall be considered to be common illnesses.
The same Article 158.1 states: a non-occupational accident is considered to be that which, in accordance with the provisions of Article 156, does not have the character of an occupational accident.
Article 159.1 a of the law specifies that the situations that determine incapacity for work are considered to be those due to common or occupational disease or accident, whether or not work-related, while the worker receives health care from the Social Security and is unable to work, and with a maximum duration of three hundred and sixty-five days, which can be extended for another one hundred and eighty days when it is presumed that during this period the worker can be medically discharged due to recovery. And, also, the periods of observation for occupational disease in which the worker is prescribed to be off work during these periods, with a maximum duration of six months, extendable for another six months when it is deemed necessary for the study and diagnosis of the disease, are determinant of sick leave or incapacity.
What is the maximum duration of the transitory incapacity?
The law determines that the maximum period of sick leave is 365 days (one year), although there is the possibility of an extension of 180 days (six months) when it is presumed that during this period the worker can be discharged from the hospital due to recovery.
For the purposes of the maximum period of duration of the temporary disability situation indicated in letter a) of the previous paragraph, and of its possible extension, the periods of relapse and observation will be computed.
It will be considered that there is a relapse in the same process when there is a new medical leave for the same or a similar pathology within one hundred and eighty calendar days after the effective date of the previous medical discharge.
What is its origin or cause?
As I have indicated, as a specialist in Forensic Medicine, any type of illness or any type of accident that requires assistance and prevents the worker from being able to work.