Illness can strike any worker—and as an employer in Spain, you must understand how to handle medical leave and employee absences correctly. Spanish labor law provides strong protections for workers, but it also outlines strict obligations for employers.
This guide explains the rules surrounding sick leave in Spain, including how to manage documentation, salary payments, and reporting obligations.
📋 1. What Counts as Sick Leave?
In Spain, temporary incapacity (incapacidad temporal) refers to situations where an employee is medically unfit to work due to:
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Common illness or non-work injury
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Occupational illness or work-related accident
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Hospitalization, surgery, or recovery period
Employees must provide official medical documentation to justify their absence.
🧾 2. Required Documentation from Employees
To activate sick leave, workers must:
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Visit a public or private medical center
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Obtain a baja médica (sick leave certificate)
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Submit the baja to the employer within 3 calendar days
⚠️ Failure to deliver the medical certificate on time can affect salary rights and social security coordination.
💸 3. Who Pays During Sick Leave in Spain?
| Sick Leave Type | Days 1–3 | Days 4–15 | Day 16+ |
|---|---|---|---|
| Common illness or accident | Unpaid (usually) | Paid by employer | Paid by INSS (SS) |
| Work accident or illness | Paid 75% by SS from day 1 | Paid by SS | Paid by SS |
Employers typically cover Days 4–15. Beyond that, Spain’s Social Security (INSS) assumes responsibility.
Some collective bargaining agreements (convenios) require full salary coverage or enhanced benefits.
📆 4. Duration and Renewal of Sick Leave
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A baja médica lasts up to 365 days, extendable by 180 days
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Employees must attend follow-up medical exams regularly
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Doctors issue confirmación and alta médica (fit-to-return notice)
Employers may not terminate a worker solely due to medical leave, but long-term absences may justify objective dismissal if legally substantiated.
🧠 5. Mental Health and Psychological Sick Leave
Sick leave in Spain also covers mental health conditions, such as:
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Anxiety disorders
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Burnout and stress
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Depression or PTSD
Psychologists or GPs can issue a baja, and the process is identical to physical illness.
🛠️ 6. Employer Obligations During Sick Leave
Employers must:
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Ensure correct salary payments (Days 4–15)
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Report the sick leave to Social Security (INSS) via [RED System]
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Keep employee’s job position reserved during the leave
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Track return-to-work via alta médica
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Avoid discrimination or retaliation related to medical absence
💡 Mismanaging sick leave can lead to fines, lawsuits, or reinstatement orders.
📝 7. Workplace Accidents and INSS Involvement
If the sick leave arises from a work-related incident, the employer must:
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Report it immediately to Mutua or INSS
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File the Delt@ report (official workplace accident notification)
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Cooperate with investigations and inspections
Workplace injuries usually provide enhanced compensation and protections under Spanish law.
🚫 8. Can You Fire Someone on Sick Leave?
Dismissals while an employee is on sick leave must be carefully justified:
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Valid reasons include economic, disciplinary, or objective causes
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Employers cannot cite illness alone as the reason
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Wrongful dismissal may lead to court-ordered reinstatement + back pay
Get legal guidance before terminating an employee with an active baja médica.
✅ 9. How to Stay Compliant
To manage medical absences legally:
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Establish clear internal HR policies
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Monitor sick leave documentation and deadlines
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Communicate with Social Security and medical centers
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Avoid unnecessary contact or pressure on the ill worker
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Work with an employment lawyer for complex cases
⚖️ 10. Need Help Managing Sick Leave in Your Company?
At Borderless Lawyers, we assist employers with:
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Sick leave reporting and payroll compliance
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Legal audits for HR procedures
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Risk reduction for medical leave dismissals
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Support with Social Security coordination