Family, sickness and injury at work

It is for anyone thinking about, planning or carrying out a move to Spain. Spanish rules often differ from those in your home country, and they are easy to misread. After reading, you will know how your job is protected when family, illness or injury interrupt work.

Start with "What protects your job during sick leave (baja)". It shows who pays you, how your job is protected and what happens when you go back. From there, move to the page that matches your situation: birth and parental leave, reduced hours and nursing leave, pregnancy at work, caring for a relative, accidents at work and the mutua, or your safety rights at work.

Key rules

• Hour reduction: For a child under 12 you can reduce your working day by between one eighth and one half, with a proportional pay cut.
• Sick pay: In ordinary sickness days 1 to 3 carry no statutory benefit, days 4 to 15 are paid by the employer at 60%, and from day 16 the INSS or mutua pays.
• Compulsory weeks: The first 6 weeks after the birth are compulsory and full-time, and the other 10 weeks can be taken until the child is 12 months old.
• Birth leave: Each parent has their own birth leave of 16 weeks, and it cannot be transferred to the other parent.
• Challenging dismissal: You must challenge a dismissal within 20 working days of it taking effect, starting with a conciliation request.

Family, sickness and injury at work: the whole process, step by step

• Tell your employer about birth leave and how you will take the flexible weeks: in writing, at least 15 days before the flexible period starts, unless your collective agreement sets another period. Read: Birth and parental leave in Spain and your job

• Take the compulsory birth leave straight after the birth: the first 6 weeks after the birth, full-time.

• Use the flexible part of your birth leave: the other 10 weeks, until the child is 12 months old, out of a total of 16 weeks per parent.

• Start nursing leave or an hour reduction for the baby: nursing leave runs until the child is 9 months old. For a child under 12 you can reduce your working day by between one eighth and one half, with a proportional pay cut. Read: Reduced hours and nursing leave after a baby (reducción de jornada, lactancia)

• Request the 8 weeks of parental leave if you want them: at least 10 days before, any time until the child is 8 years old, unless your collective agreement sets another period.

• Ask for short paid leave or reduced hours for a sick relative: when the illness, hospitalisation or emergency happens; for reduced hours to care for a relative, usually 15 days notice. Read: Caring for a relative: leave, reduced hours and unpaid leave (excedencia)

• Take an excedencia (unpaid leave) for a child or relative: up to 3 years for a child, from the birth or adoption, and up to 2 years for a relative; your own job is reserved for the first year.

• Go on sick leave and return to work: days 1 to 3 carry no statutory benefit, days 4 to 15 are paid by the employer at 60%, and from day 16 the INSS or mutua pays. After the discharge note (alta) you return the next working day.

• Report a workplace accident and challenge it if treated as ordinary sickness: ask the INSS to decide the cause as soon as you disagree; the preliminary claim has a 30-day deadline, then the court claim is 30 days after rejection. Read: Hurt or ill because of work, accident rules and the mutua

• Challenge a dismissal that breaks your protection: within 20 working days of it taking effect, starting with a conciliation request. See Pregnant and working in Spain, with risk assessment and dismissal protection.

Documents you may need

• Employer's certificate stating that no adaptation or change of job is possible — Pregnant and working in Spain, with risk assessment and dismissal protection

• Your employment contract — What protects your job during sick leave (baja)

• A recent payslip — What protects your job during sick leave (baja)

• Medical report from a Seguridad Social doctor — Pregnant and working in Spain, with risk assessment and dismissal protection

• Medical certificate or appointment note showing that a prenatal exam — Pregnant and working in Spain, with risk assessment and dismissal protection

• The text of your collective agreement in the version currently in force — What protects your job during sick leave (baja)

Family, sickness and injury at work: questions that cross several articles

Can I be dismissed while on birth leave or after I come back?

No, a dismissal during birth leave, or in the 12 months after you return, is automatically null unless the employer proves a fair reason unrelated to it. You also go back to the same job or an equivalent one. Read Birth and parental leave in Spain and your job, and Pregnant and working in Spain, with risk assessment and dismissal protection.

Can the other parent use my birth leave?

No, each parent has their own 16 weeks and it cannot be transferred. The first 6 weeks are compulsory and full-time, and the other 10 weeks can be taken until the child is 12 months old.

Is the 8-week parental leave paid, and how do I ask for it?

No, the 8 weeks of parental leave are unpaid under employment law, and you give your employer at least 10 days notice unless your collective agreement says otherwise. See Birth and parental leave in Spain and your job.

Can I combine birth leave with reduced hours or an excedencia later?

Yes, they follow each other: birth leave first, then nursing leave or reduced hours, and an excedencia of up to 3 years per child if you want longer. See Caring for a relative: leave, reduced hours and unpaid leave (excedencia).