In case of suspected COVID-19 infection of an employee or their family or work environment, the recommendations of the Ministry of Health or the Public Health Service of each Autonomous Community must be followed. The public health service physician will issue the sick leave and return-to-work certificates in all cases. You must request direct payment of the temporary incapacity benefit from your Workers' Compensation Insurance Company. We can advise and assist you with the process…
We remind you that the self-employed face the same risk of contracting Covid-19 as the rest of the population. Therefore, if you suspect infection of a worker or someone in their family or work environment, it is advisable to follow the recommendations of the Ministry of Health or the Public Health Service of your Autonomous Community, whatever they may be at the time of this health crisis.
See information phone numbers:
https://www.mscbs.gob.es/profesionales/saludPublica/ccayes/alertasActual/nCov-China/telefonos.htm
For more information:
• Questions and answers about COVID-19 17.03.2020
• Ten tips on how to act in case of COVID-19 symptoms 23.03.2020
• What do I do if I know someone with coronavirus symptoms? 18.03.2020
• Home isolation for mild cases 20.03.2020
Can I apply for Temporary Disability due to coronavirus?
As an exception, periods of isolation or infection of workers caused by the COVID-19 virus will be considered equivalent to a work accident, exclusively for the purpose of the economic benefit of temporary disability (IT) of the Social Security system.
Attention. For the purposes of temporary disability benefits, periods of isolation and infection with the COVID-19 virus are considered situations equivalent to a work accident.
Therefore, only those workers infected with coronavirus or in preventive quarantine due to risk of infection will be able to request sick leave. This includes, for example, those who have had close contact with a person who has tested positive or who come from a high-risk area. Their primary care physician must assess this situation before granting sick leave.
Attention. The doctor from the Public Health Service will issue the sick leave and return-to-work certificate in all cases.
How to apply for Temporary Disability due to coronavirus?
First step
: If you test positive for coronavirus or believe you may be infected, you can request a sick leave certificate from your primary care physician.
Most doctors are issuing sick leave certificates by email. In this case, even if the infection or risk of infection is due to a common illness, and this may appear on your medical certificate, for the purposes of benefits and as indicated by the regulations, it is considered a situation equivalent to a work-related accident, which results in a higher benefit than in the case of a common illness.
Second step:
Once you have obtained the sick leave certificate, you must send it to the Mutual Insurance Company or the entity managing the benefit.
Then, you must request direct payment of the Temporary Disability (TD) benefit from your Mutual Insurance Company for Accidents. If it is determined that isolation due to Covid-19 is not necessary, nor is contagion, you could ask your primary care physician about the possibility of issuing you sick leave for a common illness.
Important: You must report the work-related accident to the Mutual Insurance Company or the entity managing the benefit.
In addition to the sick leave certificate, each mutual insurance company has its own criteria for requesting documentation. Generally, you must have the following prepared:
• Photocopy of National Identity Document (DNI)
• Certificate of being up-to-date with Social Security or a copy of the last three receipts for self-employed contributions.
• Application for the benefit provided by the mutual insurance company.
• Declaration of the status of your activity.
• Form 145 for communicating data to the payer.
These are the documents that the Mutual Insurance Company usually requests to process the benefit, but they may provide further instructions.
What is the amount of the temporary disability benefit?
The General Social Security Law establishes that in the case of temporary disability due to a work-related accident or illness, you will be entitled to benefits from the first day of leave, that is, the day after the event that caused the disability.
The amount of the temporary disability benefit in the case of a work-related accident will be 75% of your contribution base in the month prior to the leave.
In the case of self-employed workers who contribute at the minimum base (944.40 euros), they will receive just over 708 euros.
Self-employed workers on leave will continue to pay their Social Security contributions during the first two months of leave. This benefit
is incompatible with the new extraordinary benefit for cessation of activity.
Finally, it's worth remembering that among the economic measures proposed in Royal Decree-Law 8/2020, of March 17, on urgent extraordinary measures to address the economic and social impact of COVID-19, is direct aid for self-employed workers, consisting of facilitating access to unemployment benefits (known as self-employed cessation of activity benefits) under certain conditions:
• The aid consists of allowing access to unemployment benefits. Self-employed workers who demonstrate certain circumstances will be able to receive unemployment benefits, which, in the case of more than 80% of self-employed professionals, amounts to approximately €661 per month. •
To date, the requirements for accessing unemployment benefits are very strict; this measure aims to facilitate access to this benefit.
• With this benefit, self-employed workers who qualify will not only receive it, but will also not have to pay social security contributions, and their contributions will be considered as having been made.
Please note that this benefit is incompatible with any other benefit from Social Security. Therefore, self-employed workers who are already receiving or are entitled to another benefit from the Social Security system, whether they are currently receiving it or not, will not be eligible for this benefit.
Points to consider:
• Public Health Service (PHS) physicians will issue sick leave and return-to-work certificates in all cases of coronavirus infection, both in isolation and for all workers who require them, including healthcare personnel and other employees.
• Therefore, under no circumstances may these sick leave/return-to-work certificates be issued by physicians from Mutual Insurance Companies collaborating with the Social Security system (MCSS), the Social Institute of the Navy, or collaborating companies.
• The contingency to be recorded by these PHS physicians on the sick leave/return-to-work certificates will always be Common Illness.
• The estimated duration for these temporary incapacity processes is set between 5 and 30 calendar days (short-term processes according to Royal Decree 625/2014); as stated in the aforementioned Royal Decree, the issuance of the first confirmation certificate will not exceed 7 calendar days from the initial sick leave date. Subsequent reports, if necessary, may not be issued more than 14 calendar days apart.
• For the proper payment of benefits in these temporary incapacity processes, please note that until the medical certificate of incapacity is issued, no action will be taken to suspend the employment relationship and recognize the right to the aforementioned temporary incapacity benefit.
Therefore, it is deemed necessary to emphasize the following:
a. The medical certificate of incapacity for work due to isolation will require, prior to its issuance, confirmation of the origin of said isolation by the competent health authority of each Autonomous Community or by whomever it authorizes. Therefore, it is essential that this information regarding the isolation reaches the physicians competent to issue the certificate of incapacity as soon as possible.
b. The certificate of incapacity and confirmation certificates may be issued without the physical presence of the worker, provided there is an indication from the authority in the case of isolation and confirmation of the illness by the means available in the Health Service (medical records).
c. When the period of isolation/contagion or illness is known after its commencement, the certificates will be issued retroactively.
You can contact this professional office with any questions or for further clarification you may have.
Best regards,
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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