La infracción administrativa de otorgar licencias con evidente ausencia de fundamento médico y el proyecto de ley que facilita su sanción / The administrative violation of granting sick leave with an evident absence of medical grounds and the bill that facilitates its sanction

This article deals with the regulatory violation of issuing sick leave with an evident absence of medical grounds. Two problematic aspects present in the sanctioning practice of the Social Security Regulatory Agency are analyzed: the discrepancy between the wording of the regulation and its application, and the multiplicity of duties that can configure the behavior defined by the law, although they do not constitute fraud against the sick leave system. The context of this study is the bill that seeks to lower the standard for the regulator to impose administrative penalties on offenders who issue unjustified sick leave and aggravate those penalties.

[The administrative violation of granting sick leave with an evident absence of medical grounds and the bill that facilitates its sanction]. / La infracción administrativa de otorgar licencias con evidente ausencia de fundamento médico y el proyecto de ley que facilita su sanción.

This article deals with the regulatory violation of issuing sick leave with an evident absence of medical grounds. Two problematic aspects present in the sanctioning practice of the Social Security Regulatory Agency are analyzed: the discrepancy between the wording of the regulation and its application, and the multiplicity of duties that can configure the behavior defined by the law, although they do not constitute fraud against the sick leave system. The context of this study is the bill that seeks to lower the standard for the regulator to impose administrative penalties on offenders who issue unjustified sick leave and aggravate those penalties.