On 27 December 2022, Royal Decree 1060/2022 of 27 December was published in the Official Spanish Gazette, amending Royal Decree 625/2014, which regulates certain aspects of the management and control of the first 365 days of temporary incapacity.

Key changes under the new rules:

  • The employees' obligation to submit sick leave and/or medical discharge certificates to the company no longer applies.
  • Communication relating to medical certificates will be carried out between the administration and the company.
  • In temporary incapacity cases, the doctor may schedule a medical check in a shorter period of time than that initially indicated.
  • This Royal Decree will apply to any temporary incapacity which, on 1 April 2023, has already begun and has not exceeded 365 days in duration. This means that there will be cases where the previous processes for successive discharge and/or sick leave confirmation certificates will have to be changed.

Entry into force: 1 April 2023

Order ISM/2/2023 was published on 13 January 2023, in the Official Spanish Gazette, establishing from 1 April 2023 the new Annexes that will replace those that were previously in force: (i) Medical certificates of sick leave/discharge due to temporary incapacity; (ii) confirmation certificates of sick leave due to temporary incapacity; (iii) financial data to be completed by companies.