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.

Beneficiaries / Requirements

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

  • Being affiliated and in an active contributory status or similar at the time of the causal event, while receiving health care from the Social Security and while being unable to work.

    Workers are considered to be fully affiliated and with registered status when the inability to work is caused by a work-related injury or occupational disease, even if the employer has not met his or her obligations.

    For bullfighting professionals, being included in the active census is equivalent to the active contributor status.

    Legal strikes or lockouts are considered causes for special registration status.

    Assimilated contributor situations include:
    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.
  • Having covered a contribution 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 period of contribution required, the rules established in Royal Decree Law 11/2013 of 2 August will be applied from 04/08/2013, calculating the overall coefficient of partiality over the last 5 years.  

    To this end, in the case of workers included in the Special System for Domestic Employees, from 2012 to 2018, the hours that have effectively been worked in the System will be determined in accordance with the contribution basis referred to in temporary provision 16 of the rewritten text of the General Law on Social Security (TRLGSS), divided by an amount that corresponds to the minimum hourly basis of the General System set by the LPGE for each one of those years.

    The periods of temporary disability, risk during pregnancy or maternity leave, during which the part-time contract is still active, as well as periods for which the worker is receiving unemployment benefits due to a part-time contract being suspended or having expired, will be considered in the same way as the period prior to the medical leave, resting period, suspension or contract expiry, respectively.

    Any periods which are legally equal to contribution periods that follow periods of part time work will be calculated using the same method as is used in relation to the last period worked.

    When more than one part time activity is carried out at the same time, the theoretical contribution days for the different activities will be added together, both in cases of Pluri-employment and Pluri-activity to which the reciprocal calculation should be applied.

    Under no circumstances can the number of contribution days calculated be higher than the number that would apply had the worker been providing their services full-time.
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