Here’s the translation into American English:
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At the beginning of this year, the Superior Court of Justice of Madrid (TSJ) issued a ruling that clarifies a key aspect of managing medical leaves. According to this decision, employees are not required to submit a paper leave notice to the company but must notify their situation of temporary incapacity. This regulatory change aims to simplify the process and align it with new technologies.
From Valoira Abogados, a law firm specializing in Labor Law, it is noted that the obligation to report a leave remains an essential requirement. Failure to comply with this regulation can pose significant risks for both employees and companies. “Providing the leave notice, no; notifying about the leave, yes,” they emphasize. They highlight that companies could face management errors if they do not update their protocols, while an employee could face disciplinary sanctions or even dismissal for failing to adequately inform about their absence.
Improper management of medical leaves can lead to various complications. These include sanctions and dismissals due to unreported absences, errors in contributions and payroll due to lack of timely information, labor conflicts arising from discrepancies in justifying absences, and a weakening of legal security in case of inspections or litigation related to dismissal.
For this reason, Valoira Abogados recommends reviewing internal communication protocols, adapting the notification channels for absences to the digital system established by Royal Decree 1060/2022, which eliminates the need to submit paper medical notices. “Legal prevention in managing leaves is as important as compliance with working hours or equality regulations. A small oversight can result in labor and reputational consequences for the company,” they warn.
With over 30 years of experience and offices in Barcelona, Madrid, and Palma de Mallorca, Valoira Abogados provides assistance to companies across all sectors on matters related to regulatory compliance, labor relations, and the prevention of legal risks. The firm advises taking advantage of the year’s end to review internal protocols, labor regulations, and communication policies regarding medical leaves, with the aim of starting the next year with full legal security.
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via: MiMub in Spanish
