Days 1-3
0%
Employer
Days 4-20
60%
Employer (SS)
Day 21+
75%
Social Security
Sick leave details
Max. 365 days (extendable to 545 with pending IP)
Sick leave FAQ
Do I pay for the first 3 days of sick leave?
No. Days 1-3 of common contingency sick leave are the employer's responsibility; they must pay normal salary even though the SS pays no benefit. Many collective agreements improve this and guarantee 100% salary from day one.
Can I be dismissed while on sick leave?
Yes, but with limitations. Sick leave does not prevent dismissal under the ET, but if the dismissal coincides with sick leave the court may declare it void if there are signs of health-based discrimination (CJEU and TS doctrine). Objective dismissal during sick leave can be valid if real economic/technical/organizational causes exist.
How is the contribution base calculated for IT?
For common contingency: the previous month's contribution base (excluding overtime) divided by 30. For work accidents (AT/EP): the average of the last 12 months' contribution bases (including overtime) divided by the number of days contributed.
Questions about your sick leave?
Lexiel answers questions about maximum duration, sick pay amount, extensions and return-to-work procedure with verified references from LGSS.
Ask your legal question from €9.90/moRelated resources
Related articles
Have a legal issue?
Consult the most accurate legal AI in Spain. Answers verified against official sources. Cheaper than a lawyer consultation.
From €9.90/mo · 14-day free trialAre you a lawyer? Professional tools
Case management, invoicing, AI-powered legal drafts, document RAG and more for your firm.
Try free · 14 days