The Organic Law 8/2012 of 27 December, of measures of budgetary efficiency in the Administration of Justice, for which the Organic Law 6/1985 is amended, of July 1, of the Judiciary, gives a new wording to the paragraph Article 504.5 of the aforementioned rule, relating to situations of temporary incapacity, in order to bring them into line with the provisions of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness.

The sixth transitional provision of Organic Law 8/2012 differs from the entry into force of the seventh paragraph of Article 504.5 at the time when the cases in which they are exceptionally and duly justified are determined. a supplement may be established up to a maximum of one hundred per cent of the remuneration to be paid at any time and, in any event, within the maximum period of six months.

In its virtue, and according to the competencies that this Directorate General has attributed, I have:

First. Scope of application.

1.1 This resolution shall apply to civil servants at the service of the Administration of Justice, within the meaning of Article 470 of the Organic Law 6/1985, of the territorial scope managed by the Ministry of Justice. Justice, in a situation of temporary incapacity for common contingencies, for the purpose of the recognition of the supplement to reach 100% of the remuneration which they had enjoyed, as laid down in the seventh paragraph of Article 504.5 of the aforementioned organic law.

1.2 According to the provisions of article 19.1 of the Royal Decree of Law 3/2000 of 23 June, approving the recast text of the legal provisions in force on the Special Social Security Regime of the Staff at the Service of the Administration of Justice shall be in a situation of temporary incapacity where they have obtained sick leave or accident which impede the normal performance of their duties.

1.3 Staff not included in the scope of Royal Legislative Decree 3/2000, of 23 June, will be in a situation of temporary incapacity in accordance with the regulations established by the general social security regime.

1.4 This resolution shall not apply where the temporary incapacity derives from professional contingencies, which shall be governed by the provisions of the last paragraph of the seventh paragraph of Article 504 of the Law. Organic from the Judiciary.

Second. Exceptional and duly justified assumptions.

For the purposes set out in the first paragraph of this resolution, the following cases shall be considered to be exceptional and duly justified, giving rise to a temporary disability situation common.

2.1 Surgical intervention or hospitalization. -In cases where the situation of temporary incapacity involves a surgical intervention or hospitalization, the remuneration to be paid from the beginning of this situation are equivalent to the remuneration received in the month preceding that of incapacity, even if the surgical intervention or hospitalization takes place at a later time, provided that it corresponds to the same pathological process and not there was an interruption in the same.

For the determination of the surgical intervention referred to in this paragraph, it shall be considered as such that it derives from treatments that are included in the basic portfolio of services of the National Health System. Surgical interventions with internment or hospitalization are included in the surgical interventions, and surgical interventions in an outpatient setting (major surgery and minor outpatient surgery).

For hospitalization, hospitalization, day hospital regimen, and home care are included.

2.2 Temporary disability processes involving treatments of radiation therapy, chemotherapy, or other cancer treatments.

2.3 Pregnancy and breast-feeding processes. -There will be exceptional circumstances for processes that start during pregnancy, even if they do not give rise to a situation of risk during pregnancy or pregnancy. risk during breast-feeding.

2.4 In addition, situations of temporary incapacity in which victims of gender-based violence suffered by an official will be considered exceptional circumstances.

2.5 Processes arising from the disability situation.-The situations of temporary incapacity arising from those diseases that have been the cause of the disability will be considered exceptional. with a degree equal to or greater than 33 percent.

2.6 Other serious diseases. -These are those pathological processes which may be suffered by adults as referred to in Annex I to Royal Decree 1148/2011 of 29 July 2011 for the application and development in the Social Security system, of the provision of financial services for the care of children affected by cancer or other serious illness.

Third. Supporting documentation.

Exceptional cases must be accredited by the official through the presentation of the following medical evidence to prove that he is in one of those situations. In the event that such documentary justification is not provided, it is understood that they are not present (it would therefore be a common disease to which the provisions of paragraph 2 of this resolution would not apply).

3.1 Surgical intervention or hospitalization.-The official must provide with the initial part of the discharge, if possible, and, in any case, within twenty days after the hospitalization or intervention, a certificate from the doctor who attends to you or, where appropriate, the hospital where you receive the treatment, which proves that you are receiving the appropriate treatment.

In the case of a surgical intervention, the certificate must specify whether it is "treatments included in the basic portfolio of services of the National Health System".

If surgery or hospitalization takes place at a later time, it must be accredited by the person concerned, through the corresponding certificate or medical report, " which corresponds to the same pathological process and does not there was an interruption in the same ".

3.2 Victims of Gender Violence. The accreditation of the status of a victim of gender-based violence will be verified in accordance with the provisions of Article 23 of the Organic Law 1/2004 of 28 December of Protection Measures. Comprehensive against Gender Violence.

3.3 Rest of assumptions.-The official shall provide with the initial part of the discharge, if possible and, in any case, within twenty days, a certificate from the physician or report justifying the appropriate circumstance.

Fourth. Protection of personal data.

The actions arising from this resolution and the processing of the information obtained shall be subject to compliance with the obligations laid down in the rules on the protection of personal data.

Fifth. Entry into force.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 25, 2013.-The Director General of Relations with the Administration of Justice, Ricardo Gonzalo Conde Diez.