🇪🇸 Sick leave in Spain

Karita
Karita
  • Updated

Who should I notify about sick leave?

If you fall sick and need to take some leave, it is important to let your manager know as soon as possible. Additionally, please log your sick leave days on the Oyster platform Time Off tool.

In Spain, it is mandatory to provide a medical note of sick leave ("baja medica") within 72h since the sickness starts, for Social Security purposes. That is why you can expect to receive a medical note request from Oyster HR Support team after you submit the sick leave request.

Why does Oyster request a medical note?

The medical certificate or “baja medica” is what triggers the temporary incapacity provision with the Spanish Social Security. Therefore any sick days taken prior to the issuance of the “baja medica” will not be taken into account by the Spanish Social Security. It is up to the Company to decide if they want to consider these days as paid or unpaid days off.

If you are not able to provide a medical note, the social security system won’t provide coverage for sick leave. The company can decide whether to provide time off as normal unpaid or paid days off. Please contact your Company to check what is the sick pay policy they apply.

What sick benefits are provided by Social Security?

During the first 3 days of sick leave, there is no subsidy, which means that the sick leave is unpaid unless the Company decides to cover the full salary during this period. Please contact your Company to check what is the sick pay policy they apply.

  • From the 4th to the 15th day: a subsidy is payable by the company for the amount of 60% of the regulatory base.
  • From the 16th and up to the 20th day: a subsidy from the managing entity (our Mutual or collaborating company) also corresponds to 60% of the regulatory base.
  • From the 21st day: the subsidy rises to 75% of the regulatory base, this subsidy also being the responsibility of the managing entity (our Mutual or collaborating company)
  • For sick leave exceeding 30 days, and under our Collective Bargaining Agreement, the company supplements up to 100% of the Team Member’s full gross salary, from the 5th day of sickness up to 12 months.

Whilst the subsidy is the responsibility of the Social Security or Mutual, the salary payment continues to be processed by the employer which then claims the subsidy to the relevant management entity. This way, the team member receives this income through payroll.

All team members in Spain can collect this benefit, provided they are registered and prove 180 days of contributions in the last five years in cases of common illness. If the sick leave is due to an accident, work or not, or an occupational disease, no prior contribution is required.

 

Sick leave due to work-related sickness or accident

Work accident is understood as any bodily injury that the team member suffers as a consequence of the work that they perform.

  • In the event of an accident at work or professional illness, the amount of the daily subsidy is the result of applying 75% to the daily regulatory base from the day following the accident. The day of the accident is considered work, so the company pays it in full.
  • The salary payment continues to be processed by the employer, which then claims the subsidy. This way, the team member receives this income through payroll normally.

 

If you have any questions about sick leave, please contact us.