This Monday, ERC has requested the appearance of the Ministers of Social Security, Elma Saiz, and of Equality, Ana Redondo, in the Congress of Deputies due to the sending of data by the National Institute of Social Security (INSS) that allows companies know the reason for sick leave due to abortion, as well as painful rules. “It is inadmissible,” denounces the Catalan parliamentary group, which learned of this situation following the publication of elDiario.es.
This sending of data affects the “special” sick leave regulated in the Abortion Law of the last legislature: due to disabling rules, abortion and the final stretch of pregnancy (week 39), for which social protection was expanded. For example, they charge from the first day and not from the fourth. However, when processing this “special” coverage that does not exist in the rest of the withdrawals, Social Security communicates to companies some codes that allow companies to know the reason for the withdrawal. This is what happened to Silvia and what she told this medium: “I felt like the most vulnerable person in the world.”
Following the information published by elDiario.es and the requests for an urgent correction by unions, doctors and women’s associations, the Ministry of Social Security responded to this medium that it will “evaluate” its procedure, although it insists on that its processing aims to implement the reinforced social protection approved by law and defends that it respects the legislation on data protection. This point is being investigated by the State Data Protection Agency (AEPD) due to a complaint filed by the Galician union CIG last December.
Explain why it happened and correct
The ERC parliamentary group demands the appearance of both ministers “to give explanations regarding the recent information published by elDiario.es about the failure in the regulation of special sick leave due to painful rules, for abortions and in the final stretch of pregnancy (week 39 gestation), which has caused companies to receive information about the reason for medical leave, thus compromising the privacy of workers and breaking current regulations on data protection, and to expose the measures they intend to adopt to solve it,” states the request, to which this medium has had access.
The Catalan independence party explains that these reductions in the Abortion Law had the support of its parliamentary group. “The intention was that the legislation would achieve new feminist rights for women, but given the ‘failure’ that has allowed the diagnosis of these cases to reach the companies, the privacy of many workers has been violated, who we believe have not received the timely explanations from the responsible ministries,” ERC sources consider.
The parliamentary group requests the appearance of the Ministry of Social Security to explain “how, despite warnings from social agents who warned of the possibility that companies would know the reason for these sick leave by regulating them as a ‘special’ temporary disability, the “The Spanish government did not implement measures to prevent it.”
Also for Minister Elma Saiz to explain “how they plan to act to solve it, because it is unacceptable for the diagnoses to reach companies.”
Regarding the appearance of Ana Redondo, ERC sources explain that, “as the person most responsible for safeguarding women’s rights,” they consider that the Minister of Equality “must give an urgent response and be on the front line to ensure that the Ministry of Security Social prioritizes solving this very serious error.”
“For our training, it is a priority that both ministries give all the necessary explanations to repair the situation and, in turn, guarantee that this does not happen again,” ERC insists.
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