#2026-321New rules for sharing sick-leave information between occupational health services and medical control
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This decree sets up a targeted data-sharing process between social security medical control and occupational health services to help spot workers at risk of long-term job loss after a prolonged sick leave. It applies when a continuous work stoppage lasts at least six months, with exceptions for serious life-threatening conditions or active continuous treatment. For employers and occupational health teams, the main change is a tighter workflow: only the minimum needed information can be shared, the worker’s consent must be collected during a health follow-up visit, and the transfer must be sent through secure health messaging within 30 days. The worker can withdraw consent at any time, and privacy rights such as access, correction, and restriction apply through the occupational health service handling the case.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Creates a rule that long sick leaves of six months or more can be sent from medical control to occupational health services, with narrow exceptions.
- Limits shared data to only what is strictly needed to prevent job loss and support return-to-work planning.
- Requires worker consent, secure messaging, a 30-day transmission deadline, and gives workers privacy rights through the occupational health service.
Obligations
What this law requires
The medical control service must transmit work-stoppage information to the worker’s occupational health service when the continuous work stoppage lasts at least six months, unless the insured person has a condition threatening vital or functional prognosis in the short or medium term or is receiving active and continuous treatment.
Occupational health services may transmit only the strictly necessary information to the medical control service, and only for the purpose of supporting workers at risk of professional disengagement from the labor market.
The information transmitted must be limited to the categories expressly listed in the decree: proposed individual job/working-time adjustments, strictly necessary information contained in an inaptitude opinion where applicable, and the occupational health service’s assessment of whether social support should be arranged.
A health professional must collect the worker’s consent during a visit conducted as part of individual health monitoring, and that consent must be kept in the occupational medical record.
The worker’s consent may be withdrawn at any time through the occupational health service.