Temporary disability has a maximum limit of 545 days, which is equivalent to approximately 18 months. From that point, the worker's situation changes automatically.
It is not a dismissal nor a company decision, but an administrative step that marks the end of the leave period as it is known until that moment.
What happens with the company and the contract
When that limit is reached, the company stops contributing for the worker. This often generates confusion, since in the working life it appears as a leave, but it does not imply the end of the employment relationship.
In reality, the contract is suspended, that is, on pause, until the worker's medical situation is resolved.
The key role of the INSS and the medical board
From that moment on, the decision passes into the hands of the National Social Security Institute (INSS), which must evaluate the case.
The worker is summoned by the medical board, which can make several decisions:
- Grant medical discharge
- Grant an exceptional extension
- Initiate a permanent disability process
This step is decisive, since it defines the labor and economic future of the affected party.
What happens if you can go back to work
If the medical board gives the discharge, the worker must return to their position in the same conditions they had before the leave. The company is obliged to readmit them to their position or an equivalent one, respecting their category and labor rights.
If you cannot work: permanent disability option
When illness or injury prevents the return to work, permanent disability can be requested. This process evaluates the degree of limitation of the worker and can result in different levels:
- Partial
- Total
- Absolute
- Great invalidity
Depending on the recognized degree, the worker can access a pension.
The data point that explains the magnitude of the problem
Work absences have a structural weight in Spain. In the last quarter analyzed, more than 1.2 million people were on sick leave every day, which reflects the impact of temporary incapacity on the labor market.