The General Law on Social Security establishes a limit of 545 days for temporary disability. After this period, a permanent disability file is initiated and the job reservation is suspended.
Temporary disability in Spain has a maximum duration of 545 days, as established by the General Law on Social Security. This means that, once this period has elapsed, Social Security suspends the job reservation and initiates a permanent disability file that requires the evaluation of the illness by a medical tribunal, as indicated by information published by expansion.com.
To access the temporary disability benefit, workers must be registered or in a situation assimilated to registration and have at least 180 days contributed in the last five years in the case of common illness. This benefit has a limit of 365 days, with the possibility of an extension of up to an additional 180 days.
According to the union CCOO, “after 545 calendar days of incapacity, the medical leave situation is extinguished.” At this point, the worker must initiate a permanent disability form with the National Institute of Social Security (INSS).
During the processing of the file, the worker will continue to receive the economic benefit for temporary disability, which must be requested from the INSS or the company's mutual insurance. The company will stop contributing for the worker until it receives the resolution from the INSS.
The INSS can resolve in three ways: denying permanent disability, granting a delay in the qualification, or recognising some type of permanent disability. In the case of denial, the worker has 30 working days to submit an administrative claim.
If permanent disability is recognised, a new right to the temporary disability benefit will be generated only if no more than 180 calendar days have passed since the resolution of the permanent disability, according to CCOO.
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