What is the financial benefit for Temporary Disability??
The financial benefit for temporary disability (IT) is intended to cover the lack of income of a worker who is temporarily unable to work due to an illness or accident. This benefit is included in the protective action established in the General Social Security Regime, as well as in special regimes.
Who can be beneficiaries?
Those people integrated into the General Regime who are affiliated or in a situation similar to registration at the time of application and who are unable to work can benefit from the benefit., as long as they meet the necessary requirements.
- Situations similar to discharge: Perception of contributory level unemployment benefit, transfer of the worker by the company abroad, and the special agreement for deputies, senators, rulers and parliamentarians of the Autonomous Communities.
- Professional illness or work accident: Those affected are considered affiliated and in high.
Requirements to access the benefit
To be able to access temporary disability benefit, The following assumptions must be met:
- common disease: Have covered a previous contribution period 180 days in the 5 years immediately preceding the causative event.
- Accident (work or not) and occupational disease: No prior contribution period required.
Economic benefit
For workers affiliated with the General Social Security Regime, The benefit consists of a subsidy whose amount is determined based on the regulatory base and the applicable percentages.
Regulatory basis:
- Common illness or non-work accident: It is obtained by dividing the amount of the worker's contribution base in the month prior to the date of initiation of the disability by the corresponding number of days..
- Work accident or occupational disease: It is calculated from the contribution base for professional contingencies of the previous month divided by the corresponding days, added to the contribution for overtime from the previous year divided by 365 days.
Percentages:
- Common illness or non-work accident: From the 4th day of sick leave to the 20th, corresponds to 60% of the regulatory base; and the 75% since the day 21 From now on.
- Work accident or occupational disease: The day of the accident or illness is entirely the responsibility of the employer.. From the next day, corresponds to 75% of the regulatory base.
Extinction of the right to benefit
The right to the subsidy is extinguished for the following reasons:
- Medical discharge due to cure or improvement that allows the worker to return to his or her usual work.
- Elapse of the period of 545 calendar days since medical leave.
- Recognition of retirement pension.
- Worker registration, whether or not there is a declaration of permanent disability.
- Unjustified failure of the beneficiary to attend medical examinations by the INSS or the corresponding mutual insurance company.
- Death of the beneficiary.
Recognition of the right to benefit
The recognition of the right to the benefit may correspond to the INSS, to the mutual collaborator with Social Security that covers the common and/or professional contingencies of the company, or to companies authorized to voluntarily collaborate in the management of the general regime in case of professional contingencies.
Payment of benefit
Temporary disability benefit (IT) is carried out by the INSS, of the mutual collaborator with Social Security, or the company authorized to collaborate in the management. The payment of the economic benefit will be made by the company with the same frequency as the salaries..
- Contributory unemployment benefits: If the worker is receiving contributory unemployment benefits and becomes temporarily disabled, the SEPE (State Public Employment Service) will pay the IT benefit until the duration of the unemployment benefit ends, including the corresponding Social Security contributions.
Special systems (agrarian regime)
Workers under the agrarian regime have a special system in certain aspects of temporary disability. In this regime, protection for temporary disability is excluded during periods of inactivity.
- Regulatory basis: During the IT, The regulatory base of the subsidy cannot exceed the monthly average of the contribution base corresponding to the days worked during the 12 months prior to medical leave.
- Payment of benefit: It is carried out directly by the INSS or the corresponding mutual collaborator with the Social Security..
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