Sick leave in Navarra: doctors now access your Social Security data

Key data

HR managers and company executives with headquarters or workers in Navarra need to know that the control environment for sick leave has changed significantly. The agreement signed between the National Institute of Social Security (INSS), the General Treasury of Social Security (TGSS) and the Health Department of the Foral Community of Navarra formalizes the transfer of affiliation data to the Navarrese health system. The Resolution of September 14, 2026 from the General Technical Secretariat was published in the BOE on September 21, although the agreement has been in force since September 11, 2026.

What does this regulation establish?

Until the signing of this agreement, doctors from the Public Health Service of Navarra who assessed temporary incapacity only had the information that the worker themselves provided during the medical examination. This created an information asymmetry: the physician could not verify whether the work activity declared by the worker matched the actual Social Security records.

The agreement resolves this gap: the TGSS will transfer affiliation and employment data to the Health Department of Navarra, allowing doctors to access objective information before issuing:

• Sick leave reports
• Confirmation reports
• Discharge reports

The temporal scope of application is temporary incapacity during the first 365 days, regulated by Royal Decree 625/2014. The legal basis of the agreement is supported by article 77.1 of the Consolidated Text of the General Social Security Law (TRLGSS) and Title III of Law 40/2015 on the Legal Regime of the Public Sector, which regulates agreements between administrations.

The processing of personal data of workers affiliated to Social Security in Navarrese territory is subject to current data protection regulations, as this is sensitive information about the employment situation of natural persons.

Economic and operational impact

For companies with workers in Navarra, this agreement has direct operational consequences for managing temporary incapacity:

• Greater objectivity in medical assessment: physicians will have verified data, which can reduce the average duration of some sick leaves that until now were prolonged due to lack of information.
• Less room for inconsistencies: if a worker declares work activity that does not match TGSS records, the doctor can detect it immediately.
• Possible acceleration of medical discharges: more accurate assessment can result in faster discharge processes, reducing replacement costs and burden on the company.
• Impact on HR management: personnel departments should anticipate that sick leave in Navarra will be subject to more rigorous scrutiny from day one.

No direct financial penalties are established for companies in this agreement, as it regulates the relationship between administrations. However, more precise management of temporary incapacity can translate into indirect savings for companies by reducing the duration of unjustified or poorly documented sick leave.

Who does it affect?

• Workers on sick leave in Navarra: their affiliation and employment data at TGSS will be accessible to doctors in the Navarrese NHS during the assessment of temporary incapacity.
• Doctors from the Public Health Service of Navarra: will be able to consult real Social Security data before issuing sick leave, confirmation and discharge reports.
• HR managers and personnel directors of companies with headquarters or workers in Navarra: must adapt their internal sick leave monitoring processes to this new context of greater control.
• CFOs and executives: the impact on replacement costs and absenteeism may vary from now on in Navarrese operations.
• Labor advisors and HR consultants managing companies with presence in Navarra.

Practical example

A worker at a logistics company in Pamplona requests sick leave for temporary incapacity. During the medical examination, he declares that his position involves sedentary office work. Until September 11, 2026, the doctor at the Navarrese NHS had no way to verify this information.

With the agreement in force, the physician can consult the affiliation and employment data that TGSS has registered for that worker. If Social Security records reflect a different professional category than declared—for example, driver or warehouse assistant—the doctor has objective information to assess the sick leave more accurately and issue the appropriate report. This process applies from the first day of sick leave and during the first 365 days of temporary incapacity.

What should companies do now?

1. Review internal sick leave management processes in Navarra: ensure that the professional category and work activity data registered in Social Security match the reality of the position. Discrepancies can create problems in medical assessment.
2. Inform workers of the change: employees should know that doctors in the Navarrese NHS now have access to their real affiliation data. This is not a penalty, but rather a significant change in how sick leave is assessed.
3. Update affiliation records at TGSS: verify that the professional categories and employment data of your workers in Navarra are correctly registered. Outdated data can create confusion in medical assessment.
4. Coordinate with your labor advisor: if you manage active sick leave in Navarra, consult with your advisor whether any ongoing process may be affected by the greater availability of data to physicians.
5. Review data protection policy: the agreement involves processing personal data of workers. Ensure that your internal HR records comply with GDPR regarding information you share with Social Security.

Official source

View complete regulation in official source

Disclaimer: 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-2026-19620