Sick leave (baja médica) in Spain

When ill and unable to work call your company on the same day and before work begins if possible in the agreed way, and tell them you are ill and awaiting the doctor's assessment.

• Then ask for an urgent appointment with the family doctor, who examines you and issues a parte de baja, that is the leave report, if he sees you are unable to work, and states the expected duration.
• The report is sent electronically to social security, and you are given a copy for the company, which you must deliver to them within three days.
• Confirmation reports (partes de confirmación) are issued about every two weeks in the early period of leave or more by expected duration.
• Do not give details of your illness to the company, since the report does not include the diagnosis for it.

The percentages differ by cause of leave and duration.

• In ordinary illness or non-work accident: the first three days are not paid under the law unless the collective agreement (convenio) provides compensation, then from the fourth to the fifteenth day the employer pays about 60 per cent of the regulatory base, from the sixteenth to the twentieth social security pays about 60 per cent, and from the twenty-first day onwards about 75 per cent.
• Many collective agreements top up the difference to 100 per cent.
• In a work accident or occupational disease 75 per cent is paid from the day after the leave.
• Check your collective agreement and contract.
• And prior contributions are required (a minimum period of 180 days in the past five years for ordinary illness).

Sick leave can last up to 365 days, extended by 180 further days if recovery is expected, then the National Social Security Institute (INSS) decides on recovery or permanent disability.

• You must attend medical appointments and checks to which the bodies call you, follow treatment, and avoid work or any activity contrary to recovery, otherwise the benefit may be stopped or the worker dismissed in cases of abuse.
• The company or the institute may carry out a medical check.
• You inform of any change of address.
• And absence from work without a report is not considered justified.
• On recovery the doctor issues a parte de alta, that is the recovery report, and you return the next day.

During the leave your contract remains and the days count towards contributions and annual leave, and you may not be dismissed because of illness alone, and if dismissed during long illness the dismissal may be treated as void (nulo) in cases of long disability under case law.

• On return you have the right to adjust your tasks or hours when there are health restrictions on the recommendation of the company doctor (médico del trabajo).
• Companies carry out periodic medical checks for occupational safety.
• If you can no longer do your job you may be offered suitable work or a disability pension.
• And keep all your reports and correspondence.
• Do not be afraid to claim your rights, since the law regulates protection of the sick from discrimination.

Pregnant mothers have maternity leave (permiso por nacimiento) of 16 weeks for each of the mother and the other parent at almost full pay from social security, and the pregnant woman can start the leave before birth, and there is infant care leave and protection from dismissal.

• If you are self-employed (autónomo) you are eligible for sick leave under your contribution conditions, and the benefit may be lower.
• If you have no contract or are not contributing you do not receive the leave benefit but you are treated medically according to your care eligibility, and social aid is available.
• If you work without a contract record your rights through a union (CCOO or UGT) or the labour inspectorate.
• And do not hide your illness for fear of dismissal.

Who grants you the sick leave?