Sick leave and work accidents

It is for people considering, planning or carrying out a move to Spain. After reading, you will know the steps, the pay, your position as a new arrival and how to protect yourself if your leave is challenged.

Start with "How sick leave (baja médica) works in Spain, step by step". It takes you from the doctor's visit to discharge. Then read "How much sick pay you get and who pays it" and "Can you get sick pay in your first months in Spain?" to see what you can expect to receive.

Permanent incapacity, sick cover for the self-employed, public healthcare entitlement and working time and leave rights are not covered here.

Key rules

• Work accident pay: After a work accident or occupational illness, sick pay is 75% of the base from the day after the accident, and your employer pays the day of the accident in full.
• Sick pay rates: For common illness, days 4 to 15 are paid at 60% by your employer, days 16 to 20 at 60% by the INSS or mutua, and from day 21 at 75% by the INSS or mutua.
• Maximum duration: Sick leave lasts up to 365 days, extendable by a further 180 days when recovery is expected.
• Unpaid days: For common illness, the first 3 days of sick leave are not paid by Social Security, though many collective agreements pay a complement for them.
• Qualifying period: Sick pay for common illness needs at least 180 days of contributions in the 5 years before the leave starts, while a work accident or occupational illness needs no minimum.
• Contesting a discharge: You have 4 working days from an INSS or mutua discharge to file your disagreement with the health inspection service.

Sick leave and work accidents: the whole process, step by step

• Get the parte de baja from your public GP and tell your employer about the absence (see: How sick leave (baja médica) works in Spain, step by step): On the day you are declared unfit for work; tell your employer promptly

• Check whether you qualify for sick pay: for common illness, 180 days of contributions in the 5 years before the leave; none needed for a work accident (see: Can you get sick pay in your first months in Spain?): Before or as the leave starts

• Understand the unpaid first days and the pay rates by stage (see: How much sick pay you get and who pays it): The first 3 days of common illness are not paid by Social Security; days 4 to 15 are paid at 60% by your employer, days 16 to 20 at 60% by the INSS or mutua, and from day 21 at 75%

• After a work accident, tell your employer, go to the mutua medical centre and keep your reports (see: What to do after an accident at work or an occupational illness): Straight away; the employer reports accidents with sick leave within 5 working days

• Attend your confirmation visits to get each parte de confirmación: At most every 7 days for leave under 5 days, every 14 days for 5 to 30 days, every 28 days for 31 to 60 days, every 35 days from 61 days

• Attend any medical examination the INSS or mutua calls you to (see: What a mutua is and how it affects your sick leave): Whenever summoned; if you miss one without good reason, justify it within 10 working days or your sick pay ends

• If you disagree with an early discharge (alta médica), file your disagreement (see: Contesting an early discharge (alta médica) while you are still unwell): Within 4 working days of the alta

• If you were dismissed or your contract ended during the leave, keep receiving sick pay directly and claim unemployment benefit after the alta: Sick pay continues while the leave lasts; claim paro after the alta; challenge a dismissal within 20 working days

• Prepare for the INSS decision at the end of the maximum period (see: How long sick leave can last and what the INSS can do): Before 365 days: the INSS can discharge you, extend by a further 180 days, or start permanent incapacity proceedings

Documents you may need

Income and work

• Your recent payslip — How much sick pay you get and who pays it
• Your employment contract — How much sick pay you get and who pays it

Other documents

• S1 form or equivalent document — Travelling or going home while you are on sick leave
• Medical certificates of your sick leave — Travelling or going home while you are on sick leave
• Baja document — Falling ill while on unemployment benefit or between jobs
• The text of your collective agreement — How much sick pay you get and who pays it
• Approval from the INSS or your mutua to leave Spain — Travelling or going home while you are on sick leave

Sick leave and work accidents: questions that cross several articles

Do I have to give my baja to my employer myself?

No, you no longer have to hand your employer a paper copy of the baja, because the doctor sends it electronically to the INSS, which passes the data on. See How sick leave (baja médica) works in Spain, step by step.

How often do I need to go back to the doctor during a baja?

The doctor sets how often you return based on the expected length: at most every 7 days for under 5 days, every 14 days for 5 to 30 days, every 28 days for 31 to 60 days, and every 35 days after that. Read: How sick leave (baja médica) works in Spain, step by step, and Taking sick leave for anxiety, depression or burnout.

Can a mutua send me back to work?

No, for common illness a mutua cannot discharge you itself, though it can pay you, call you to examinations and propose an alta. The INSS or the public health doctor decides. Read: What a mutua is and how it affects your sick leave, and Contesting an early discharge (alta médica) while you are still unwell.

Do I get paid the same for a work accident as for common illness?

No, a work accident needs no minimum contributions and is paid from the day after the accident, while common illness has unpaid first days and a qualifying period. Read: What to do after an accident at work or an occupational illness, and How much sick pay you get and who pays it.