Can you get sick pay in your first months in Spain?

Terms used

• Incapacidad temporal — Incapacidad temporal is the Spanish term for sick leave paid by Social Security or your employer while you cannot work.
• Alta — Alta means you are registered with Social Security as working, which is needed for most benefits.
• INSS — The INSS is the national Social Security institute that decides and pays sick pay and other benefits.
• U1 — The U1 is a document from another EU country's institution certifying the insurance periods you completed there.

Key rules

• Common illness: You need 180 days of contributions in the 5 years before the leave starts.
• Work accident: No minimum contribution period applies, so you are covered from your first day in alta.
• EU periods: Contributions from other EU/EEA countries or Switzerland can count, if you are insured in Spain when the leave starts.
• Registration: You must be in alta when the leave or accident begins.

Short answer

It depends on why you are off work. For a common illness, you usually cannot get sick pay in your first months. For a work accident or occupational illness, you can get it from day one.

Common illness: you need a contribution history

Sick pay (incapacidad temporal) for common illness needs at least 180 days of contributions in the 5 years before the leave starts. If you started a job last month, you will not have enough yet.

You must also be registered with Social Security and in alta on the day your leave starts. Some situations count as equivalent, such as certain unemployment benefit situations. There is no minimum number of days you must have been registered before you fall ill.

The same 180 days apply to employees and to self-employed people.

Work accident or occupational illness: no minimum

You need no minimum contribution period. You only need to be in alta, or in an equivalent situation, on the day of the accident. Your employer pays the day of the accident. The rate for the following days is set out in the page on sick pay after a work accident.

If you are self-employed, check that your cover includes work accidents and occupational illness. It is now generally mandatory.

Contributions from other EU countries

Time you worked in another EU or EEA country, or in Switzerland, can count towards the 180 days. You must be insured in Spain when the leave starts.

The other country's institution certifies your periods on a document called the U1. Either the INSS requests it for you through the electronic exchange between countries, or you hand it in yourself. Ask for it before you need it, as it can take time to arrive. The INSS decides which document it needs in your case.

If you come from the UK or another country outside the EU, separate agreements apply. Ask the INSS whether your past periods count.

What to do

The timeline and the FAQ below walk you through the steps and common questions.

Timeline and deadlines

• Gather proof of any contributions paid in other EU/EEA countries or Switzerland: before you start sick leave, if you have worked abroad

• Check you have 180 days of contributions in the 5 years before the leave starts: counted back from the first day of sick leave

• Make sure you are registered with Social Security (in alta): on the day the sick leave starts

• Ask the INSS to request your U1 document from the other country, or supply it yourself: when you claim sick pay, if you rely on foreign periods

Frequently asked questions

Can contribution periods from other EU countries count toward my sick pay?

Yes, if you come from an EU or EEA country or Switzerland, your insurance periods there are added to your Spanish ones, as long as you are insured in Spain when the leave starts. The other country's institution certifies those periods on a document called the U1. The INSS can request it electronically, or you can bring it yourself.

Do I need to be registered in Spain for a minimum number of days before a work accident?

No, no minimum registration time applies for a work accident. You only need to be affiliated and registered with Social Security (in alta) on the day of the accident. Self-employed workers must also be covered for work accidents.

Can I get sick pay for common illness if I am receiving unemployment benefit?

Yes, certain unemployment benefit situations count as being in alta, so you can still qualify. You must still meet the 180 days of contributions in the 5 years before the leave starts. Ask the INSS whether your situation counts.