Falling ill while on unemployment benefit or between jobs

Terms used

• SEPE — The SEPE is Spain's public employment service, which pays and manages unemployment benefit.
• INSS — The INSS is the national social security body that pays sick pay and other benefits.
• Incapacidad temporal — Incapacidad temporal is the status of being unable to work because of illness or injury, with sick pay.
• Mutua — A mutua is a mutual insurance body that can pay sick pay on behalf of social security.
• Baja — The baja is the sick leave certificate issued by your doctor.
• Alta — The alta is the discharge from sick leave that says you can work again.

Key rules

• Who pays: On unemployment benefit, the SEPE keeps paying you while you are ill; after the benefit ends, the INSS pays sick pay.
• No extension: Being ill does not extend your unemployment benefit period.
• Contract ends on sick leave: Sick pay continues from the INSS or the mutua, and you claim unemployment benefit after your alta.
• Tell the SEPE: Give the SEPE your baja promptly.

The short answer

Falling ill does not automatically end your right to unemployment benefit. It changes who pays you and how. Your benefit period does not get longer because you were ill.

If you fall ill while receiving unemployment benefit

Your doctor issues a baja, the sick leave certificate. Take it to the SEPE promptly, because you are now on incapacidad temporal.

• While your unemployment benefit lasts, the SEPE keeps paying you directly. The amount equals your unemployment benefit.
• If the benefit runs out while you are still ill, you move to sick pay at the sick pay rate, paid by the INSS.
• The weeks you spend ill do not extend your benefit period.

If your contract ends while you are on sick leave

Suppose your contract ends or you are dismissed while you are on baja. Your sick pay continues, paid directly by the INSS or the mutua. It lasts as long as your incapacidad temporal does, up to the legal maximum of 365 days plus a possible 180-day extension. The rate is generally the same as before.

Your unemployment benefit starts after the baja ends. Your benefit period is not used up while you are ill.

Claiming unemployment benefit afterwards

If your contract ended by dismissal or expiry, you must claim unemployment benefit after you get your alta, the discharge from sick leave. Do not wait long after the alta. The timeline below shows the order.

What to watch for

• Tell the SEPE about the baja as soon as you have it.
• Keep your baja and alta documents. The documents list below covers them.
• Ask the SEPE or the INSS about your own case if you are unsure who is paying you.

Choosing between options

Who pays you if you fall ill while on unemployment benefit?

• The SEPE keeps paying you: You fall ill while your unemployment benefit is still running. The SEPE pays you directly an amount equal to your benefit, and the illness does not extend the benefit period.

• The INSS pays you sick pay: Your unemployment benefit has run out while you are still ill. You then get sick pay at the sick pay rate, paid by the INSS (the national social security institute).

Whether your unemployment benefit period is still running decides who pays. In both cases your doctor issues the baja, and you must give it to the SEPE promptly.

Timeline and deadlines

• Your contract ends or you are dismissed while on sick leave: sick pay continues, paid directly by the INSS or your mutua: for as long as the leave lasts, up to 365 days, extendable by a further 180 days when recovery is expected

• Get your discharge from sick leave (alta), then claim unemployment benefit if your contract ended by dismissal or expiry: after the alta

• Your unemployment benefit starts, with its full period still available: after the sick leave ends

Documents you need

• Baja document (the sick leave certificate), issued by your doctor. Give it to the SEPE promptly if you fall ill while receiving unemployment benefit.

• Alta document (the discharge from sick leave). You need it to claim unemployment benefit if your contract ended through dismissal or expiry while you were on leave.

Frequently asked questions

Does falling ill extend my unemployment benefit?

No, being on sick leave does not extend the period of your unemployment benefit. While you are ill, the SEPE (the public employment service) keeps paying you an amount equal to your benefit. Once the benefit runs out, you move to sick pay paid by the INSS (the national social security institute).

Who pays my sick pay if I am dismissed while on sick leave?

If you are dismissed during sick leave, the INSS or your mutua (the insurer that handles your leave) pays you directly for as long as the leave lasts. Your old employer no longer pays. Your pay during the leave is generally at the same rate as before.

Do I lose unemployment benefit while I am on sick leave after my contract ends?

No, your unemployment benefit period is not used up while you are on sick leave after your contract ends. You claim it after your discharge from sick leave, and it starts once the leave ends.