Y SEGURIDAD SOCIAL
The benefit is a subsidy, the amount of which depends on the regulatory base (RB) and the percentages applicable to it.
It is the result of dividing the amount of the worker's contribution basis in the month prior to the one in which the disability commences by the number of days said contribution refers to (this divisor will specifically be: 30, if the worker has a monthly salary; 30, 31 or 28 or 29 if the salary is daily).
However, if the worker joins the company in the same month as his disability begins, the BR taken will be the contribution basis of said month, divided by the number of days for which contributions have been made. When the worker has not been employed for the whole of the previous month, the divisor will also be the number of days for which contributions have actually been made.
In cases of work-related injury or occupational disease:
The BR is obtained by adding two addends:
The contribution basis for leave due to professional causes from the previous month, excluding overtime, divided by the number of days said contributions correspond to.
Contributions for overtime from the previous year, divided by 365 days.
In the case of pluri-employment:
This is calculated by entering all the contribution bases in the different companies, applying the legal ceiling for the purposes of contribution.
In the case of part-time workers, whatever their length of service:
The daily BR will be the result of dividing the sum of the part-time contribution bases accredited since the start of the last employment, with a maximum of 3 months immediately prior to the causal event, by the number of calendar days in the period.
The benefit will be paid for all the calendar days during which the beneficiary suffers temporary disability.
The above will not affect the calculation of the maximum period of the temporary disability (TD), which will always be calculated based on the number of calendar days of the same.
When the activity is interrupted and the managing or partner Entity assumes payment of the benefit, the benefit calculation base is recalculated:
The new daily BR will be the result of dividing the sum of the contribution bases accredited in the company during the 3 months immediately preceding the date of the causal event by the number of calendar days comprising that period.
If the worker has not been in the company for that length of time, the BR will be the result of dividing the sum of accredited contribution bases between the number of calendar days these correspond to.
Benefit will be paid for the calendar days the worker is in a TD situation.
When the contract expires and benefit payment is assumed directly by the managing or partner Entity, the amount paid in benefit will be the equivalent to what would be due as unemployment benefit.
In the case of contracts for training and apprenticeship/research staff under training:
The BR will be the minimum contribution basis under the General System, if for a worker with a training and apprenticeship contract.
For research staff under training, the BR will be that for group 1 contributions in the General System.
In the case of workers in the performing arts and bullfighting sectors, be it for common or occupationally related causes:
The BR will be the result of dividing total contributions for the year preceding the causal event or the daily average for the accredited contribution period by 365, if less than one year.
In the case of workers included in the special System for salaried farm workers:
As from 01/01/2012, during a period of TD due to a common disease or illness and in the terms set forth in the legislation, the BR cannot exceed the average monthly contribution basis corresponding to the days effectively worked in the last 12 months prior to sick leave.
In the case of workers included in the special System for domestic employees:
The BR will be the contribution basis for the month prior to the sick leave divided by 30. Said base will be retained during the whole of the TD process, including the corresponding relapses, unless there is a change in the single contribution basis, in which case, it will be the latter that is used for calculation purposes.
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.
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.
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).