Faced with an increase in infections due to the Ómicron variant, the Mexican Institute of Social Security (IMSS) relaunched the covid-19 permit electronically, and this time there is no requirement to have proof of medical evidence to obtain the license. Version 3.0, as the organization called it, is based “on trust in the good faith of the workers.”
Permission is an incapacity for non-professional disease, so its duration and the payment for the days not worked are different from a disability caused by work.
The last wave of SARS-CoV-2 infections in Mexico – the fourth, according to health authorities – it has hit for the second time in January. The previously recorded transmission record has been surpassed by exceeding 30,000 per day.
Before the first fortnight of the year, the IMSS was overwhelmed by the procedures for Laboral inhability by covid-19, which was again carried out in person.
In March 2020, at the beginning of the pandemic, the institute automated this management through the application IMSS Digital and from the official website of Social Security and the subsidies were deposited directly into the bank account of the workers.
From that date and until December 31, 2021, the agency has granted “close to 200,000 covid-19 permits, which is equivalent to 352 million pesos in subsidies”, reported Zoé Robledo, director of the IMSS, in a message published on their social networks.
“With the recent increase in infections, and the risk posed by the Omicron variant, I want to announce the re-launch of what we have called COVID Permit 3.0. A much more flexible online procedure: no longer subject to the epidemiological traffic light and without the need to visit the IMSS medical services,” said the official.
In his message, he reported that the duration of said license “is up to 7 days for beneficiaries with symptoms and 5 days for asymptomatic people.
Given the recent increase in infections, we announce the relaunch of the Covid 3.0 Permit.
A more flexible online procedure for temporary disability: no longer subject to the epidemiological traffic light and without the need to visit the medical services of @Your_IMSS. How to process it? pic.twitter.com/t1v9l8ho0W
– Zoé Robledo (@zoerobledo)
January 11, 2022
Workers who cannot go to work because of this disease will receive an “economic subsidy from the 60% of salary with which they quote before the IMSS, ”said the labor worker Lesly Corona in an interview. But, in addition, “the first three days they are not entitled to any salary and the employer is not obliged to pay it because it is a non-professional illness.”
Disability time and allowance
In accordance with article 96 of the Social Security Law (LSS), in the event of non-professional disease, “the insured will be entitled to a cash subsidy that will be granted when the illness renders him incapable of work.” That benefit “will be paid from the fourth day of the start of the disability,” indicates the order.
Until now covid-19 “has only been validated as a rwork risk for health personnel, because due to their activities they are in direct contact with people who have contracted the virus,” says lawyer Leslye Corona.
For the rest of the population, it has been classified as non-professional disease, “because in reality we can acquire it at any time and place, and verifying that it was in the workplace or carrying out a work activity is difficult”.
Therefore, those who do not work giving care to people with covid-19 they fall under the assumption of article 96, as someone who suffers from any other illness that has nothing to do with their employment.
The Labor Law specialist recommends constantly reviewing being registered with the Insurance and being aware of the history of quoted weeks.
“The outsourcing reform It also benefited in that sense, sometimes the workers did not know that they entered and left the IMSS, since many companies in outsourcing they registered them under one company name and after a few months, with another. They did not generate the minimum of consecutive weeks of contributions as a requirement to be a creditor of that disability.
Article 97 of the LSS says that to be entitled to the economic subsidy you must have coverage “at least four weekly quotes immediately preceding the illness. Or six weekly quotes in the last four previous months, in the case of temporary.
“The monetary subsidy granted to the insured will be equal to the sixty percent of the last daily contribution salary”, in the case of disability due to non-professional illness, indicates article 98 of the LSS.
Unfortunately, in Mexico many workers are not registered with the salary they actually receive, but with a lower one” and the payment corresponding to disability will be calculated on that minimum amount, laments Lesly Corona.
The problem that this illegal behavior of many work centers entails not only affects the fact that the worker will receive an insufficient subsidy at a time when he requires a good income to take care of his health. If due to the consequences of covid-19, in this case, he suffered permanent disability or even death, his pension would be assessed based on that low salary reported to the institute.
Protect yourself from covid and layoffs
At the beginning of the pandemic, the lawyer details that “there were quite a few dismissals for unjustified absences. The workers presented private laboratory tests and, as they did not have justification from the IMSS, they were discharged.
In many cases “we argue covid discrimination, because the business sector was not being empathic with the situation and the procedures” that were not always easy for them to process a disability. “The payment of compensation for unjustified dismissal was obtained, but they were also resolved via an agreement.”
In this new wave of infections, many people have denounced that their employers are not respecting the disability period that the institute has given them and demand that they continue working.
Faced with this situation, Lesly Corona suggests, “first, prioritize yourself as a person rather than as a worker and take measures with your health in mind. That is, do the remote procedure. If he were to have serious consequences, infect his colleagues or die, the boss would have a worse problem. What an employer dictates can not be above a provision of the federal government and worldwide, “he says.
But anticipating an eventual defense for dismissal, it will be necessary for them to have a lab test to verify “that the absences were not unexcused”.
Seven steps to process the permit:
- Go to the page imss.gob.mx/covid-19/permiso. Or in the IMSS Digital application click on “Enter” and then on “Covid-19 permit”.
- Write your CURP, the postal code of your address and click on “Start”.
- Answer the questionnaires about symptoms, vaccination and pre-existing conditions.
- Enter a contact phone number
- Indicate if you have proof of respiratory disease. If you do not have it, it is not a condition for the granting of the permit.
- Provide email and interbank CLABE to receive the corresponding payment.
- Notify your workplace to justify the absence.
The IMSS Technical Council supported this measure and called on companies “not to ask for covid tests at a cost to the workers for their return to the workplace. He asked that sector and the unions for “maximum support for this initiative, including helping the worker to capture their data to process the permit.”