Protected Situations / Beneficiaries / Requirements

Protected situations

The following are considered determining situations for temporary disability:
  • 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.

Recipients/Requirements

Persons belonging to the General System and who meet the following requirements:

  • Be affiliated and registered as in employment or in an equivalent situation on the date the causal event occurred, whilst they receive medical care from the Social Security and are unfit for work. When

     it is the outcome of a work-related injury or occupational disease, workers will be considered to be fully entitled members and in registered as in employment, even though the employer may be in breach of his obligations.

    For professionals in the bullfighting sector, inclusion in its working member register is equivalent to being in employment.Strikes or lockouts are considered special employment situations

    .Situations considered equivalent to that of being in registered employment

    :
    1. The receipt of contributory unemployment benefit.
    2. Posting by the company outside Spanish national territory.
    3. Special agreement for members of the Spanish congress and senate and Autonomous Community governors and parliament members.
  • Have fulfilled contributions for a period of:
    • 180 days in the five years immediately preceding the causal event, in the case of common disease or illness.
    • No previous contribution period is required in the event of injury, work-related or otherwise or occupational disease.
  • In the case of part-time workers:

    To accredit the minimum contribution period requirement, as of 04/08/2013 ,the rules set forth in Royal Decree-Law 11/2013, passed on 2 August, will be  applicable, calculating the overall part-time quotient for the last 5 years.  

    For these purposes, for workers included in the Special system for domestic employees, from 2012 to 2018, the hours effectively worked in this profession will be determined according to the contribution bases referred to in temporary provision 16 of the Consolidated Text of the General Social Security Act (TRLGSS), divided by the amount set for the minimum hourly basis in the General System by the General Budget Act (LPGE) for each of the aforementioned financial years.

    Periods of temporary disability, risk during pregnancy or maternity leave, while the part-time contract is still in force, as well as those in which unemployment benefit is received due to contract suspension or expiry in an employment relationship of this type, will have the same consideration as the period preceding sick leave, maternity leave, or contract suspension or expiry, respectively.

    The periods legally equivalent to those for which contributions are paid, which come after periods worked part-time, are entered in the calculation in exactly the same way as the last period worked.

    When the worker has more than one part-time activity, the theoretical days for which contributions are paid and accredited in the different activities are added up, both for pluri-employment and pluri-activity situations for which reciprocal inclusion is applicable.The number of days for which contributions are paid may never exceed those that would result from full-time work.

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