If you have ever been on sick leave, you may have found yourself in the situation of not wanting to travel for fear of being "caught" and then being made to register because you cannot do so. But, Can you travel while on sick leave? Is it legal or is it actually something that can't be done?
If you are considering it and you have always thought that it was illegal, or that it was legal, in this article we want to give you the answer so that you know for sure if you can do it or not.
Can you travel while on sick leave? This is what the law says
To know if you can travel while on sick leave or not, the first thing you need is to know what law you should consult. And the answer to that doubt is the General Social Security Law. In its article 175 it tells us about the causes for which a worker could lose temporary disability and the collection of the subsidy. Specifically, it tells us the following:
"1. The right to temporary disability benefits may be denied, annulled or suspended:
a) When the beneficiary has acted fraudulently to obtain or retain said benefit.
b) When the beneficiary is self-employed or employed.
2. The right to the subsidy may also be suspended when, without reasonable cause, the beneficiary rejects or abandons the treatment indicated.
3. The failure of the beneficiary to appear at any of the calls made by the doctors assigned to the National Institute of Social Security and the mutual societies collaborating with the Social Security for medical examination and examination will produce the precautionary suspension of the right, in order to verify whether it was or not justified. The procedure for suspending the right and its effects will be regulated by regulation.
Therefore, after reading it, you will see that At no point in this article does it establish that people with a temporary disability commit any fraud, or that it is illegal to travel while on sick leave.
Now, a series of important issues must be taken into account.
What is temporary disability
When we talk about sick leave, the normal thing is that it is caused by a temporary disability. But what is this type of disability? It is a situation whereby the worker cannot work for a period of time due to illness or an accident at work. This also includes pregnancy, depression or non-work accidents.
temporary disability It is processed when the employed worker spends more than three days on sick leave. At the time of the fourth day, if necessary, the doctor processes the leave due to temporary disability, which can last from four days to as long as the specialist considers appropriate.
During this time of sick leave, the worker is not left helpless, but rather, instead of receiving his usual salary, he would receive a temporary disability allowance (IT), which will depend on the time spent on sick leave. From the 4th to the 20th, both inclusive, he would charge 60% of the regulatory base. But if after the 20th he is still on sick leave, then he would collect 75% of the regulatory base until he resumes his discharge.
Now, this is not always the case. It would only act in the case of a common illness and non-occupational accident, or in the case of secondary disabling menstruation and termination of pregnancy and from the first day of the thirty-ninth week of gestation.
If the temporary disability is caused by an occupational disease or work accident, you would begin to collect 75% of the regulatory base from the day of sick leave.
Requirements to travel while on sick leave
As you have seen before, you can travel while on sick leave. Contrary to what is often thought, there is nothing in the law that says otherwise. But it must be taken into account that certain requirements would be needed to travel in that situation.
The first one is that That trip does not aggravate the situation that caused you to leave.. For example, imagine that you go on a trip to Machu Pichu to see it, and it turns out that your absence is because you have knee problems. Nothing would happen to traveling there, but doing so knowing that you are going to walk and that can aggravate the illness you have.
Another point to keep in mind when traveling while on sick leave is that This trip does not imply a suspension of the treatment that is being carried out. For example, imagine you have rehab twice a week. And you decide to go on a trip for a week. Failure to comply with treatment can put your subsidy at risk.
In any case, for traveling it is recommended have an authorization issued by the family doctor that certifies, in some way, that you can travel and that this is not counterproductive to the reason that caused the withdrawal or that these trips or activities will be contraindicated.
Can the Mutual Fund prohibit me from traveling?
You already know that, in addition to the medical check-up appointments that you will have with your doctor, when the leave extends over time it is possible that they will begin to call you from the Labor Mutual Fund with which your company works.
This is responsible for "making sure" that you are really on leave and not committing fraud, and that is why he is the one with whom you should be most careful.
And the thing is, if at the time they make an appointment with you or go to see you you are not in your place of residence, and you do not attend appointments, it may cause an inspection and have your subsidy denied, canceled or suspended. But, in addition, they could discharge you (even if your doctor opposes it).
Please note that appointments must generally be notified at least four business days in advance. Which means that you could travel to places that are not too far from your home so that, if you are notified of an appointment, you can go to it without a problem.
Now you have the answer to whether you can travel while on sick leave. Our recommendation is that, if you do it, do it in nearby places and always with medical authorization to avoid problems.