Public control of temporary incapacity due to common contingencies and proposals for reform in medical leave

Abstract

The significant increase in absenteeism due to health reasons, with its high public and business economic impact, is empirically evident. In this context, after analyzing the regulatory system for public control of temporary incapacity due to common contingencies, I identify three major problems: a) inefficient control of sick leave; b) the rigidity of sick leave policies, which hinders return-to-work processes and pathways for work-life balance; and c) insufficient disincentives to potential fraud in sick leave claims. Based on this diagnosis, I offer 21 specific reform proposals, summarized in a final section, with the aim of reducing the high public and business economic impact of absenteeism due to health reasons, always under mechanisms of medical supervision and with full guarantees of quality healthcare. Keywords: Temporary disability, flexible sick leave, medical discharge, return to work, public health service, mutual insurance companies, national social security institute, occupational risk prevention services