Social Security

Protected situations

• Common or occupational diseases, and accidents, whether they are work-related or not, as long as the worker is unable to work and is receiving Social Security health care.

• Occupational disease observation periods when the worker is on leave from work.

UP

Recipients/Requirements

People included in the General Scheme who meet the following requirements:

• Being affiiated and with active contributor or assimilated contributor status on the date of the triggering event, while receiving health care from the Social Security and are unable to work.
  
  When it arises from a work-related injury or occupational disease, workers will be considered to be affiliated and with active contributor status with full rights, even if the employer has failed to meet their obligations.
  
  For bullfighting professionals, inclusion in the Census of Active Workers is equivalent to having active contributor status.
  
  A legal or strike or lockout is considered to be special active contributor status.
  
  The following are considered to be assimilated contributor situations:

1. Receiving contributory unemployment benefits.
2. Transferring to a company outside of the national territory.
3. Special Agreement for deputies, senators, members of the government and members of Parliament within the Autonomous Communities.

• Having contributed for a period of:
  • In the case of common diseases, 180 days within the 5-year period immediately prior to the triggering event.
  • In the case of both work-related and non work-related injuries, as well as occupational diseases, no prior contribution periods are required.
  
  In the case of part-time workers, only the contributions made based on regular and overtime working hours are counted, calculating the equivalence in theoretical days of contributions:
  
  
  1. The number of hours effectively worked will be divided by 5, equivalent to the daily calculation on 1826 annual hours.
  2. The 5 year period in which these 180 days must be contained will be increased in the same ration in which the actual work hours are reduced with respect to the regular full-time hours for the corresponding professional activity.
  3. A fraction of a day, where appropriate, is counted as a full day.
  
  To this end, in the case of workers included in the Special Scheme for Domestic Employees, from 2012 up to 2018, the hours actually worked in this scheme will be calculated according to the contribution bases referred to in numbers 1, 2 and 3 of paragraph 2.a) of the 39th Additional Provision of Law 27/2011, divided by the amount set for the minimum hourly base in the General Scheme by the LPGE for each of said financial years.
  
  Periods of temporary disability, risk during pregnancy or breastfeeding or maternity leave, during which the part-time contract remains in force, as well as periods for which the worker is receiving unemployment benefits due to a suspension or expiry of a part-time contract, will be considered in the same way as the period prior to the medical leave, rest period, suspension or expiry of the contract, respectively.
  
  The calculation of legally-assimilated contribution periods, which arise from periods of part-time work, will be carried out in an identical manner to that used in relation to the last period worked.
  
  When more than one part-time activity is carried out simultaneously the theoretical days of contributions accredited in the different activities, both in multiple employment and multiple activity situations in which reciprocal calculation must be applied.
  
  Under no circumstances may a number of days of contributions higher than that the number that would apply if the work had been done full-time be calculated.

UP