Work leave for traumatology: INSS updates temporary disability periods in 2026

Key data

The criteria with which INSS evaluates the duration of leave for traumatology are about to change. The National Institute of Social Security has signed an agreement with the University of Alcalá (UAH) and the Spanish Society of Occupational Traumatology (SETLA) to review the fifth edition of the Manual of Optimal Periods of Temporary Disability, the reference tool used by INSS medical inspectors to assess whether the duration of leave is appropriate or extends longer than reasonable.

The resolution publishing this agreement was published in the BOE on September 10, 2026, with entry into force on September 2, 2026. The deadline to complete the review is one year from that date.

What does this regulation establish?

The agreement formalizes collaboration between three organizations with well-defined roles:

The purpose of the agreement is to update the fifth edition of the Manual of Optimal Periods of Temporary Disability, which is the guide that INSS medical inspectors consult when evaluating whether the duration of medical leave is consistent with the diagnosis. This manual is not strictly binding, but it is the main technical reference in the processes of control and review of temporary disabilities.

The update will incorporate SETLA's scientific review in the field of traumatology, which may result in changes to the duration ranges considered "optimal" for different injuries or interventions. UAH will ensure that the methodological process is rigorous. The copyright of the resulting document belongs entirely to INSS.

Economic and operational impact

Although this agreement does not directly modify any benefit or contribution, its operational impact can be significant for companies and mutual insurance companies. The updated manual will influence how INSS inspectors assess the duration of leave, which can translate into:

• Greater or lesser pressure on workers on leave for traumatology, depending on whether the new optimal periods are stricter or broader than current ones.
• Changes in the management of mutual insurance companies, which also use this manual as a reference for their own monitoring and medical discharge processes.
• Impact on workplace absenteeism of companies: if the new criteria shorten the periods considered reasonable, pressure will increase to reincorporate workers sooner; if they expand them, leave could be prolonged with less risk of review.
• Legal certainty for workers: an updated manual with scientific endorsement strengthens the technical basis of INSS resolutions, which can affect claims and appeals.

Companies with high traumatology claims rates (construction, industry, logistics, hospitality) are those that should pay closest attention to this update.

Who does it affect?

• Companies with workers on leave for traumatology, especially in sectors with higher physical risk (construction, industry, transport, hospitality).
• Mutual insurance companies collaborating with Social Security, which manage temporary disabilities and use the manual as a technical reference.
• INSS medical inspectors, who will apply the new updated criteria in their evaluations.
• Workers in temporary disability situations due to traumatological causes (fractures, sprains, surgical interventions, musculoskeletal injuries).
• HR departments and occupational risk prevention managers who manage absenteeism and employee reintegration.
• Labor advisors and management firms that support companies and workers in temporary disability processes.

Practical example

Imagine a logistics company with 80 employees. One of its workers suffers a wrist fracture and goes on leave. The primary care physician issues the leave and the mutual insurance company begins monitoring.

Currently, the INSS medical inspector consults the fifth edition of the Manual of Optimal Periods to assess whether the duration of that leave is consistent with the diagnosis. If the manual establishes, for example, a range of 6 to 10 weeks for that type of injury, and the worker has been on leave for 14 weeks, the inspector can initiate a review process or propose discharge.

After the manual update—which must be completed before September 2, 2027—that range could be modified upward or downward based on the scientific evidence provided by SETLA and UAH. If the new criterion expands the range to 8-14 weeks, that worker's leave would no longer generate an alert. If it reduces it, pressure for early discharge would increase. The company, the mutual insurance company and the worker will be directly affected by that change in criteria.

What should companies do now?

1. Identify the volume of leave for traumatology in your workforce over the last 12-24 months. Knowing how many cases you have and what type will allow you to anticipate the impact of the new criteria.
2. Coordinate with your mutual insurance company to understand how they currently apply the manual and what changes they expect with the update. Mutual insurance companies usually have early access to INSS drafts or communications.
3. Review your absenteeism management protocols for traumatological causes, especially in high physical risk sectors. An updated manual can change the timeframes in which leave becomes subject to review.
4. Inform your HR department and occupational risk prevention managers about this ongoing update, so they are prepared when the new manual comes into application (likely before September 2027).
5. Monitor the publication of the revised manual: when INSS publishes the new edition, analyze the changes in duration ranges for the most frequent injuries in your sector.

Official source

View complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-18987