How long can you take off from work in Spain for health reasons?
If you fall ill or injure yourself in Spain, this is the maximum amount of time you can take off from work and receive sick pay.
If you are an employee in Spain and are ill or have had an accident and are temporarily unable to work, you are entitled to sick pay or temporary incapacity benefit (if you are self-employed, these are the rules for requesting sick leave).
This is regulated by the Social Security system and is designed to compensate you for the temporary loss of income during this time.
It’s important to note however that this compensation will only kick in if you are sick for more than four days. You will start to receive payments from the fourth day of absence from work and will be expected to show a doctor’s note explaining that you’re unable to work.
From this time you will receive 60 percent of the regulatory base salary. If you are ill for longer than 21 days, this will go up to 75 percent from day 21.
As its name suggests, temporary incapacity benefit cannot be received indefinitely, so there is a maximum time during which you can claim it.
READ ALSO: The three new reasons you can now take sick leave in Spain
Typically, the maximum amount of time in Spain is 365 days or one year, meaning that this is the longest time you’ll be able to take off work for health reasons whilst still getting paid.
The time can be extended for a further 180 days, onlybut if you have a note from your doctor anticipating that you will recover during these next six months.
This means that it is possible to take sick leave and receive payments for up to 545 days, although this extension can only be granted by the National Institute of Social Security (INSS) or the Social Institute of the Navy (ISM).
When this period is up, you will either return to work or if the injury or illness is very serious or irreversible, apply for a permanent disability benefit.
If the second scenario occurs, you will no longer be considered employed or on temporary sick leave.
According to article 174.2 of the General Social Security Law, you will be issued with a certain degree of disability, depending on the severity of your illness or injury, which will dictate how much money you will receive going forward.
This process may take up to a maximum period of 90 days (three months), so in reality, you could remain on sick leave for up to 730 days while you are waiting for your verdict on your application for permanent incapacity benefit.
READ ALSO: How sick leave pay in Spain compares to other countries in Europe
The temporary disability benefits you can receive in 2024:
- Common illness and non-work accident: 60 percent of the regulatory base from the fourth day of sick leave to the twentieth (inclusive). Starting on the 21st, you will receive 75 percent.
- Illness or accident due to job or at work: You will receive 75 percent of the regulatory base from the day after starting your sick leave.
- Disabling menstruation: If you suffer from extreme period pains due to a specific condition such as endometriosis, fibroids or other, and your doctor deems you can’t work because of it, you will receive 60 percent of the regulatory base from the first day of sick leave to the twentieth (inclusive). Starting on the 21st, you will receive 75 percent.
- Termination of pregnancy and thirty-ninth week of pregnancy: During the first day of sick leave, you will receive your normal salary, but from the second to the twentieth day, you will receive 60 percent of the regulatory base; and from the 21st, 75 percent.
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If you are an employee in Spain and are ill or have had an accident and are temporarily unable to work, you are entitled to sick pay or temporary incapacity benefit (if you are self-employed, these are the rules for requesting sick leave).
This is regulated by the Social Security system and is designed to compensate you for the temporary loss of income during this time.
It’s important to note however that this compensation will only kick in if you are sick for more than four days. You will start to receive payments from the fourth day of absence from work and will be expected to show a doctor’s note explaining that you’re unable to work.
From this time you will receive 60 percent of the regulatory base salary. If you are ill for longer than 21 days, this will go up to 75 percent from day 21.
As its name suggests, temporary incapacity benefit cannot be received indefinitely, so there is a maximum time during which you can claim it.
READ ALSO: The three new reasons you can now take sick leave in Spain
Typically, the maximum amount of time in Spain is 365 days or one year, meaning that this is the longest time you’ll be able to take off work for health reasons whilst still getting paid.
The time can be extended for a further 180 days, onlybut if you have a note from your doctor anticipating that you will recover during these next six months.
This means that it is possible to take sick leave and receive payments for up to 545 days, although this extension can only be granted by the National Institute of Social Security (INSS) or the Social Institute of the Navy (ISM).
When this period is up, you will either return to work or if the injury or illness is very serious or irreversible, apply for a permanent disability benefit.
If the second scenario occurs, you will no longer be considered employed or on temporary sick leave.
According to article 174.2 of the General Social Security Law, you will be issued with a certain degree of disability, depending on the severity of your illness or injury, which will dictate how much money you will receive going forward.
This process may take up to a maximum period of 90 days (three months), so in reality, you could remain on sick leave for up to 730 days while you are waiting for your verdict on your application for permanent incapacity benefit.
READ ALSO: How sick leave pay in Spain compares to other countries in Europe
The temporary disability benefits you can receive in 2024:
- Common illness and non-work accident: 60 percent of the regulatory base from the fourth day of sick leave to the twentieth (inclusive). Starting on the 21st, you will receive 75 percent.
- Illness or accident due to job or at work: You will receive 75 percent of the regulatory base from the day after starting your sick leave.
- Disabling menstruation: If you suffer from extreme period pains due to a specific condition such as endometriosis, fibroids or other, and your doctor deems you can’t work because of it, you will receive 60 percent of the regulatory base from the first day of sick leave to the twentieth (inclusive). Starting on the 21st, you will receive 75 percent.
- Termination of pregnancy and thirty-ninth week of pregnancy: During the first day of sick leave, you will receive your normal salary, but from the second to the twentieth day, you will receive 60 percent of the regulatory base; and from the 21st, 75 percent.
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