health
Who is responsible for paying your salary if you are incapacitated for more than 180 days? This is what the law says
One of the biggest concerns for workers facing long-term illnesses is the continuity of their income. When a medical disability exceeds the 180-day mark, the rules of the game change drastically, and the responsibility for payment transfers from the Health Promoting Entity (EPS) to the Pension Fund Administrator (AFP).
TL;DR
- After 180 days of medical disability, the payment responsibility transfers from the EPS to the AFP.
- The AFP pays a subsidy equivalent to the last disability recognized by the EPS.
- If the EPS provides a favorable rehabilitation concept before day 150, the AFP may pay for an additional 360 days.
- Exceptions exist where the EPS may continue payment after 180 days, such as failure to issue a medical concept or cases where recovery is possible or disability qualification is pending.
- Workers must submit disability certificates to their employer, who then manages the claim with the relevant entities.
- For independent or dependent workers, ensuring updated medical history and timely submission of rehabilitation concepts to the AFP is crucial.
- Disabilities of a work-related origin are handled by the ARL from day one, covering 100% of the salary base.
- Failure to manage this process can lead to salary interruption, potentially requiring legal action like 'tutela'.