Suspension of the Employment Contract After 545 Days of Medical Leave
The suspension of the employment contract after 545 days of medical leave constitutes a significant legal situation that directly affects the continuity of the employment relationship. When the maximum legal limit for Temporary Disability (TD) is reached, the National Institute of Social Security (INSS) must issue a resolution that can have important consequences for the worker. This article analyzes the legal implications of such suspension, as well as the rights that protect the employee in this situation.
Legal Framework of Temporary Disability
Spanish legislation establishes that the maximum duration of temporary disability is365 days, extendable for an additional180 dayswhen the worker’s recovery is expected within that period. Upon reaching day545, the INSS must make a decision in accordance with Article 170 of the General Social Security Law.
What Decisions Can the INSS Make After 545 Days of Leave?
Once the maximum legal period of temporary disability has been exceeded, the INSS may:
● Issue amedical discharge, considering that the worker is fit to return to work.
● Initiate a permanent disability procedure, if there are lasting conditions that limit or prevent professional activity.
● Deny permanent disabilityand issue a medical discharge due to improvement.
In any of these cases, the employer maysuspend the employment contract, in accordance with Article 45.1.c) of the Workers’ Statute, until there is a final resolution or an effective reinstatement.
Legal Consequences of the Suspension of the Contract After 545 Days of Leave
The suspension of the employment contract entails the temporary interruption of the reciprocal obligations between employer and employee:
● The worker does not provide services, and the company does not pay wages.
● The employment relationship is maintained, but contributions to Social Security are suspended, except in certain cases.
This suspension doesnot constitute dismissal, nor does it terminate the employment relationship, although it may precede more definitive decisions (such as an objective dismissal for supervening incapacity in the case of a declaration of permanent disability).
Employee Rights in Response to an INSS Resolution
The employee may take various actions depending on the resolution issued:
● Challenge the medical dischargewithin four working days if they consider themselves unfit to return to work.
● File a prior claim and a judicial appealin the event of denial of permanent disability.
● Request a review of the degree of disability, if new pathologies appear or the condition worsens.
Likewise, if the company decides to proceed with dismissal after the suspension of the contract, the worker may challenge such a decision before the courts, seeking a declaration ofunfair or null dismissal.
