Temporary disability and management of sick leave with the obligation to report absence
Key points for companies and workers facing the new digital model for sick leave
The management of Temporary Incapacity (IT) situations has undergone a significant transformation following the entry into force of Royal Decree 1060/2022, complemented by Order ISM/2/2023. Since 1 April 2023, employees are no longer required to deliver copies of medical certificates of sick leave, confirmation, or discharge to their employer.
This amendment, aimed at digitalization and reducing administrative burdens, has nonetheless raised practical questions, particularly regarding the obligation to notify absence.
Reform focused on administrative simplification
Until 2023, employees had to submit medical certificates to their employer within a short timeframe, which could lead to incidents or even sanctions if deadlines were not met.
Under the new model, this process has changed substantially: Public Health Services, mutual insurance companies, or collaborating entities now send the certificates directly to the National Social Security Institute (INSS), which in turn communicates them electronically to employers.
This system operates through the INSS Companies File (FIE), accessible via the RED System, allowing employers to receive the information reliably and almost immediately.
Accordingly, employees on Temporary Incapacity now receive only an informational copy, without the need to physically submit it to their employer, as was previously required.
The obligation to notify absence remains
Although the duty to notify absence stems from the general obligation of good faith and diligence within the employment relationship, it is highly advisable for companies to implement a protocol or, at least, a clear internal instruction for three practical reasons:
- Avoids conflicts: It specifies how and to whom the absence must be communicated (HR, line manager, telephone, email, app, etc.).
- Facilitates disciplinary action in case of non-compliance: Not because it creates the obligation, but because it removes excuses (“I didn’t know whom to inform”).
- Aligns managers and employees: It reduces errors in cases of sudden leave (emergency admission, hospitalization, etc.).
The protocol may not require the employee to submit the medical certificate (as this is no longer applicable), but it may require:
- Immediate notification or notification within a reasonable timeframe (for example, the same day or before the start of the working day).
- Use of a specific communication channel.
In summary: a protocol is not necessary for the obligation to exist, but it is highly advisable to prevent disputes.
Does this mean the employee has no obligations?
Not exactly. While the formal obligation to submit medical certificates has been removed, this does not exempt the employee from notifying their absence.
In other words, the employee does not need to provide the document, but must inform the company that they will not attend work due to being on Temporary Incapacity.
Both legal doctrine and recent case law have clarified this point. The National Court (Audiencia Nacional), in several rulings — including Judgment SAN 136/2023 (18/12/2023) — has emphasized that the obligation to inform persists as part of the contractual duty of good faith, particularly given the organizational impact that an unreported absence may have on the employer.
There are even court cases in which failure to notify has resulted in significant sanctions.
For example, a judgment of the High Court of Justice of Madrid (Social Chamber, Section 2, Judgment 296/2025 of 23 April 2025, Appeal 1114/2024) upheld the disciplinary dismissal of an employee who, despite being on sick leave and although the medical certificate had been sent electronically, failed to inform the employer of her absence.
The court reiterated that, although the obligation to submit the certificate had disappeared, the obligation to notify remained fully in force.
Conclusion
The 2023 reform represents a significant step forward in the digital management of sick leave, eliminating the obligation to submit medical certificates and simplifying procedures. However, this new system does not remove the responsibility of employees on sick leave to notify their absence, and case law has been particularly clear on this point.
We are therefore facing a more modern and efficient model, but one that continues to rely on good faith and communication between employer and staff to ensure proper organization of work.
Frequently Asked Questions on Temporary Incapacity (Sick Leave)
Can an employee on sick leave due to common illness attend a training course?
Yes, but subject to important conditions.
Spanish regulations do not expressly prohibit attending training while on medical sick leave. However, the activity must be compatible with the recovery process and can never be imposed by the employer.
Key considerations:
1. There is no general legal prohibition
Spanish labor legislation does not establish a general ban on a person in a situation of Temporary Incapacity (IT) attending a course.
What matters is that the activity:
- Does not interfere with the recovery process.
- Does not contradict the medical limitations established in the sick leave certificate.
2. Medical compatibility is essential
In order to attend a course while on sick leave (especially if proposed by the employer), the key requirement is:
- That it is compatible with the limitations arising from the medical condition.
- That it does not hinder recovery or involve physical or mental effort incompatible with the pathology causing the sick leave.
Medical authorization is advisable, particularly in the case of subsidized training or where there is a potential risk of incompatibility. FUNDAE requires that training be compatible with the employee’s health status and may request a medical report.
3. The employer cannot require attendance
Whether the training is internal or publicly subsidized:
- An employee on Temporary Incapacity (IT) cannot be required to attend training while on sick leave.
The purpose of Temporary Incapacity is recovery, and the employer must respect that objective.
In summary
An employee on sick leave may attend training, provided that:
- It is medically compatible with their condition.
- It does not delay or negatively affect recovery.
- Participation is entirely voluntary.
Recovery remains the priority during Temporary Incapacity.
Can an employee on sick leave due to common illness travel?
In recent months, numerous queries have arisen regarding whether an employee who is on Temporary Incapacity (IT) due to common contingencies (common illness or non-work-related accident) may travel without breaching their obligations or risking sanctions.
Below is a clear and up-to-date position based on current regulations and recent legal doctrine.
1. Is traveling while on sick leave prohibited?
No.
Current regulations do not expressly prohibit traveling while on sick leave. It is not prohibited per se, provided that it is compatible with recovery and does not contradict medical advice.
2. The key criterion: compatibility with recovery
The decisive factor is not the trip itself, but rather:
Does the travel or the associated activities harm or potentially delay recovery during Temporary Incapacity?
For example:
- Traveling with physical conditions that require rest — such as knee injuries, back problems, or fractures — may be considered incompatible with sick leave.
- In cases of anxiety, depression, or other psychological conditions, a change of environment may even be beneficial, provided it does not interfere with medical treatment.
Each case must therefore be assessed individually.
3. Essential recommendation: medical authorization
Although not always legally mandatory, it is strongly advisable for the employee to obtain authorization from the medical professional managing the sick leave, particularly in the following situations:
- Travel abroad.
- Long-duration trips.
- Situations where there is doubt about compatibility with recovery.
Such authorization serves as evidentiary protection in the event of a review by the National Social Security Institute (INSS) or the relevant mutual insurance entity.
4. Obligation to attend medical appointments and assessments
The employee must attend all scheduled medical reviews with the INSS or the mutual insurance entity.
If the employee fails to attend due to being away and cannot properly justify the absence, they may lose entitlement to the Temporary Incapacity benefit.
5. Consequences of undertaking an incompatible trip
If it is established that the trip:
- Has hindered recovery,
- Has been contrary to medical advice, or
- Constitutes conduct incompatible with the Temporary Incapacity situation,
the following measures may apply:
- Suspension or termination of the benefit,
- Compulsory medical discharge,
- Disciplinary sanctions by the employer, potentially including dismissal.
6. Final recommendation for employers
We advise companies to:
- Establish internal communication protocols for these situations (we can assist in drafting a legally compliant document).
- Inform employees of the need to consult their doctor before traveling.
- Assess each case individually, as compatibility largely depends on the diagnosis and treatment involved.
Conclusion
Traveling while on sick leave is not automatically prohibited. The determining factor is whether the trip is compatible with medical recovery and whether the employee continues to comply with their obligations.
As with many matters related to Temporary Incapacity, good faith, medical coherence, and proper documentation are essential.
Related content
