Spain's Social Security proposes permanent disability for workers on extended sick leave

Workers in Spain who are on prolonged medical leave may receive a notice from the Instituto Nacional de la Seguridad Social (INSS) indicating “alta médica” (medical discharge) together with a proposal to open a file to assess permanent disability. Labor lawyer Miriam Ruiz explains that the document signals that the Social Security considers the condition definitive and that the temporary incapacity ends, but the employee does not have to return to work while the permanent‑disability procedure is pending. Payments continue to be made by the Social Security or the mutual insurer, and the employment contract is legally suspended under articles 174.4‑5 of the General Social Security Law and the Workers’ Statute.

The same legal framework applies when a worker eventually returns after a long sick leave. Labor lawyer Juanma Lorente stresses that the employee’s position and functions must be respected and any substantive change to duties, salary or schedule requires justification under article 41 of the Workers’ Statute. Retaliation for the period of leave should be documented and can be challenged. The advice encourages employees to verify that any modification of their role complies with the law before resuming work.