If you fall ill or have an accident while working in Madrid, you are entitled to protected sick leave. This guide explains how to request medical leave, how your sick pay is calculated, and what rules you must follow.
What is medical leave in Spain?
The official system for sick leave in Spain is called incapacidad temporal (temporary disability). Most people refer to it simply as a baja médica (medical leave).
Under the Estatuto de los Trabajadores (Workers’ Statute), you cannot be dismissed simply for being sick. Your contract is suspended, and your job position is protected while you recover.
A public health doctor must certify your illness to make the leave official. Private doctor notes are not accepted for long-term medical leave.
The probation period (período de prueba) in Spain
Requirements to qualify for sick leave
To qualify for sick leave pay, you must meet specific conditions set by the social security system:
- You must be registered and active with the Spanish social security system.
- For common illnesses, you must have contributed for at least 180 days in the last 5 years.
- No prior contributions are required if your leave is due to a work-related accident or occupational disease.
If you do not meet the 180-day contribution requirement, your leave is still protected. However, you will not receive sick leave pay.
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How sick leave pay is calculated
Your sick leave pay is calculated using your base reguladora (regulatory base). This is usually your social security contribution base from the previous month.
The percentage of your salary that you receive depends on the number of days you are sick.
Pay percentages for common illness
If your illness is not work-related, the standard statutory rates are:
| Day of Sick Leave | Pay Percentage (Regulatory Base) |
|---|---|
| Days 1 to 3 | 0% (unpaid) |
| Days 4 to 20 | 60% |
| Day 21 onward | 75% |
If you suffer a work accident or occupational disease, you receive 75% of your regulatory base from day 1.
Who pays during your leave?
The entity responsible for paying you changes during your leave:
- Days 1 to 3 : Unpaid by law.
- Days 4 to 15 : Paid directly by your employer.
- Day 16 onward : Paid by the public social security system or a Mutua (collaborating mutual insurance company).
In practice, your employer usually pays you normally on your monthly payslip. They then deduct these costs from their social security taxes.
How to request sick leave
You must follow a specific process to register your leave. Follow these steps to ensure your leave is valid:
Step 1: Visit a public doctor
You must book an appointment with your doctor at the local health centre. The doctor will evaluate you.
If you are too sick to work, the doctor will issue the parte de baja (sick leave certificate). The certificate specifies the estimated duration of your leave.
Step 2: Inform your employer
The public health service automatically sends the certificate to the social security office and your employer. However, you should still contact your manager immediately to report your absence.
Step 3: Attend follow-up appointments
You must attend all scheduled medical reviews. For long leaves, the doctor will issue a parte de confirmación (confirmation report) to extend your leave.
If you miss a review appointment without a valid reason, your benefits will stop immediately.
Step 4: Return to work
When you recover, the doctor will issue the parte de alta (recovery certificate). You must return to your job on the next working day.
Collective agreements and 100% pay
You should check your industry’s convenio colectivo (collective bargaining agreement). Many agreements offer better conditions than the basic law.
Some agreements require employers to pay 100% of your regular salary from the first day of sick leave. This extra payment is called a salary complement.
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Questions and answers
Can I be dismissed while on sick leave in Spain?
No. Your employer cannot dismiss you because you are sick. However, they can still lay you off for objective reasons, such as economic difficulties.
What is the maximum duration of sick leave?
365 days. Temporary disability can last up to a year. The social security administration can extend this period for another 180 days if you need more recovery time.
Can I take my annual vacation after sick leave?
Yes. If your sick leave coincided with your planned vacation, you do not lose those vacation days. You can take them once you return to work.
Do I accumulate vacation days while on sick leave?
Yes. You continue to accumulate annual vacation days normally during your temporary disability.
Can I travel outside Spain while on sick leave?
No. You must obtain permission from the social security office or your mutual insurance company first. Traveling without permission can result in the cancellation of your benefits.
