How is Sick Leave regulated in Spain?

In Spain, sick leave, known as Incapacidad Temporal (IT), provides paid time off for employees who are unable to work due to illness or injury. Spanish regulations allow for an initial sick leave period of up to 12 months, with potential extensions in cases where recovery requires more time.

What Are the Sick Leave Payment Terms?

Compensation during sick leave is provided through the Social Security system, starting from the fourth day of absence:

  1. Days 1-3: No compensation is provided.
  2. Days 4-20: The Social Security system pays 60% of the employee’s average daily salary.
  3. From Day 21 onward: Compensation increases to 75% of the employee’s average daily salary.

Long-Term Sick Leave (More than 30 Days)

According to Article 26 of the applicable Collective Bargaining Agreement (CBA), for sick leave lasting longer than 30 days, employers must supplement Social Security payments to ensure full compensation:

  • Starting from the 5th day of long-term sick leave, the employer must top up Social Security benefits so that the employee receives 100% of their regular salary.
  • This 100% compensation applies for a maximum period of 12 months from the beginning of the leave.

Employee and Employer Responsibilities

Employees on sick leave in Spain are required to:

  • Inform their employer as soon as they know they will be unable to work.
  • Provide a medical certificate for absences lasting more than three days.
  • Comply with specific sick leave policies outlined by their employer, if applicable.

While on sick leave, employees are expected to focus on recovery and should avoid participating in work-related activities.



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