Social Security

The benefit is a subsidy, the amount of which depends on the regulatory base (RB) and the percentages applicable to it.

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Regulating base

General Regulations:

This is the result of dividing the amount of the worker´s contribution base in the month prior to the start date of the disability by the number of days that said contribution base refers to (specifically, this divisor will be: 30, if the worker earns a monthly salary; 30, 31 or 28, 29 if it is a daily wage).

However, if the worker joins the company in the same month as that in which the disability begins, the RB will be the contribution base for that month, divided by the days of effective contributions. Similarly, the actual number of contribution days are used as the divisor when the worker has not been contributing for the entire previous calendar month.

In cases of employment injury or occupational sickness:

The RB is calculated by adding together:

• The contribution basis for professional contingencies from the previous month, without overtime, divided by the number of days for that contribution.

• The contributions for overtime from the previous calendar year, divided by 365 days.

In cases of multi-employment:

It is calculated using all of the contribution bases in the different companies applying the maximum limit in effect for contributions.

In cases of workers hired for training:

The RB will be 75% of the corresponding minimum contribution base, regardless of the contingency that the disability arose from.

For workers on part-time contracts, regardless of the duration of the services provided:

• Daily RB is calculated by dividing the sum of the contribution bases certified by the company in the 3 months immediately prior to the date of the triggering event by the number of actual days worker and, therefore, days of effective contributions in said period.
  
  The benefit is paid during the actual working days stated in the contract in which the worker continues to have temporary disability status.
  
  The foregoing does not affect the calculation of the maximum duration period of temporary disability (TD) status, which is done based on the number of calendar days with said status, in all cases.

• When the managing or collaborating body assumes payment of the benefit due to interruption of the activity, the regulatory base is recalculated:

• The new daily RB will be the result of dividing the sum of the contribution bases accredited by the company in the 3 months immediately prior to the date of the triggering event by the number of calendar days included in that period.

• If the worker has been in the company for less time, the RB will be the result of dividing the sum of the accredited contribution bases by the corresponding number of calendar days.
  
  The benefit will be paid for all calendar days on which the interested party has temporary disability status.

• When, due to contract termination, payment of the benefit is assumed directly by the management or collaborating body, the amount of the benefit will be the same as that for unemployment.

For workers in the artistic and professional bullfighting sectors, irrespective of the contingency it arises from:

The RB will be the result of dividing the total annual contributions prior to the triggering event or the daily average of the accredited contribution period, if less than one year, by 365. 

In the case of workers included in the Special Scheme for Employed Agricultural Workers:

As of 01/01/2012, during TD status arising from common diseases and under the legally established terms, the amount of the RB may be no greater than the monthly average contribution base corresponding to the actual days worked over the 12 months prior to the medical leave.

In the case of workers included in the Special System for Domestic Employees:

The RB will be the contribution base from the month prior to the medical leave, divided by 30. This base will stay the same throughout the TD process, including the corresponding relapses, unless there is a change in the flat contribution base, in which case the later will be used. 

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Percentage:

In case of common diseases and non-work-related injury: 

• 60% from the 4th day to the 20th, inclusive.
• 75% from the 21st day on.

  In case of work-related injury and occupational disease: 

  • 75% from the day the worker becomes entitled to the benefit.

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Temporary Disability/Unemployment

When workers are in a situation of temporary disability (TD) due to common contingencies and during that time their contract is terminated:

• They will continue receiving TD benefit in an amount equal to their corresponding unemployment benefit until said situation comes to an end, and will then acquire legally unemployed status if the contract was terminated for any of the legal causes that give rise to said status and start receiving, if they meet the necessary requirements, their corresponding contributory unemployment benefit, having started receiving said benefit on the termination date of the contract, or the unemployment benefit. In this case, the time that they have been in the situation of TD will be subtracted from the period for collecting unemployment benefit and counted as having been used up, starting from the termination date of the employment contract.

• The SPEE  will pay the Social Security contributions, paying the full amount of the worker contribution for the period that is subtracted as having been used up, even when unemployment benefit has not been requested and without a situation of continuity it becomes a situation of permanent disability or retirement, or the death of the worker occurs that gives entitlement to death and survival benefits. 

When workers are in a situation of TD due to occupational contingencies and during that time their employment contract is terminated:

• They will continue to receive TD benefit in an amount equal to that which they were already receiving, until this situation comes to an end. They then acquire the status of legally unemployed and start receiving the corresponding unemployment benefit, if they meet the necessary requirements. In this case, the time spent in a situation of TD will not be subtracted from the period of receiving said benefit following the termination of the contract or unemployment benefit.

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Unemployment/Temporary Disability

When the worker is receiving full unemployment benefit and enters into a situation of temporary disability (TD), the following categories must be differentiated:

• In cases in which the TD is a reoccurrence of a previous situation that began during the term of an employment contract:
  
  
  • The amount the worker will receive for the TD benefit will be the same as the unemployment benefit.
  • In this case and in the event that the situation of TD continues once the unemployment period has finished, the worker will continue to receive same amount of TD benefit as they were previously receiving for unemployment benefit.
    
• In cases in which the TD is not a reoccurrence of a previous situation that began during the term of an employment contract, but rather a new process:
  
  
  • The worker will receive the benefit for an amount equal to the unemployment benefit for this eventuality.
  • In this case and in the event that the situation of TD continues once the unemployment period has finished, the worker will continue to receive TD benefit equal to 80% of the monthly IPREM, excluding the proportional amount of the extra payments.
  
  
• The period for collecting unemployment benefits will not be extended.
  
  
• The Managing Body of the unemployment benefits will continue to pay the Social Security contributions (the employer contribution and the 35% supplement by which the worker contribution is reduced).