Temporary Disability benefits

This is a daily benefit that covers the worker's loss of income due to common diseases  or non-work-related injuries, occupational diseases or work-related injuries, and during the periods of observation due to occupational diseases. Applying additionally are those situations in which a woman may find herself relating to:

• Secondary disabling menstruation.
• Termination of pregnancy, voluntary or otherwise, while receiving health care from the Public Health Service and being unable to work.
• Gestation of a working woman from the first day of the thirty-ninth week.
  

Workers included in any Social Security scheme, provided that they meet certain requirements.

 Workers in the special scheme for self-employed workers (RETA) who are included in the special scheme for agricultural workers and have chosen to include this benefit.

• Common diseases: Being affiliated with active contributor status or in a situation assimilated to inscription having covered an 180-day contribution period in the preceding 5 years.
  
• Occupational and non-occupational accidents, occupational disease, secondary disabling menstruation and termination of pregnancy: No previous contributions are required.
• Day one of the thirty-ninth week of gestation:
  • If aged under 21: no minimum contribution period is required.
  • If aged between 21 and 26: 90 days of contribution in the seven years immediately prior to the date when leave starts, or 180 days of contribution in all their working life.
  • If aged over 26: 180 days of contribution in the seven years immediately prior to the date when leave starts, or 360 days of contribution in all their working life.
    

More information on requirements

Depending on the coverage option chosen by the employer, recognition and payment will be the responsibility of:

• The National Social Security Institute (INSS) or the Social Marine Institute (ISM).
• To the Social Security Mutual Society Partner.
• The companies authorised to voluntarily collaborate in the management of temporary disability.

• Common diseases and non-work-related injuries: 60% of the base rate from the 4^th day of the leave until the 20^th, inclusive, and 75% from the 21^st day onward.
  
• Occupational diseases or work-related injuries: 75% of the base rate for benefits from the day following the date of leave from work.
• Secondary disabling menstruation: From the first day to the 20^th: 60% of the base rate and from the 21^st day onwards: 75%.
• Termination of pregnancy and day one the 39^th week of gestation: First day: salary. From the second to the twentieth day: 60% of the base rate. From the 21^st day: 75%.
  

More information on payment

Employees:

• In general, payment will be made by the company as a delegated payment with the same periodicity as salaries.
• In the cases of common diseases or non-work-related injuries, payment between days 4 and 15 of leave is at the employer's expense and from the 16th day onward the INSS or the mutual society will be responsible for payment.

Self-employed workers:

• Payment is made directly by the competent management body or mutual society. Furthermore, it may be requested in an application for direct payment.

The medical certificates for leave, confirmation of leave and discharge.

The models of the medical reports for sick leave/discharge and confirmation of temporary disability are those that appear as annexes I and II of Order ESS/1187/2015, of 15 June.

• Documents proving the identity of the worker.
• Contribution documents.
  

More information on documentation

Fraudulent action in order to obtain or maintain the benefits, working for another person or as self-employed worker, and refusing or abandoning the prescribed treatment.

Precautionary suspension: failure of the recipient to appear at the medical examination.

More information

It expires when the maximum specified period has elapsed, due to medical discharge, with or without declaration of permanent disability, by becoming a pensioner due to retirement, and for failure to submit to the medical examinations specified by the Spanish National Social Security Institute  or mutual society doctors, or on death.

In the case of the thirty-ninth week of pregnancy, it shall be until the date of delivery.

More information

Disease or injury: these 365 days can be extended for a further 180 days if the person is expected to be cured during this period.

Periods of observation of the occupational disease: 180 days, extendable for a further 180 days.

In the case of the 39^th week of pregnancy, it shall be until the date of delivery.

More information on duration

• Other medical control reports
• Unemployment / Temporary Disability
• Temporary Disability / Unemployment
• Declaration of medical discharge proposed by the managing body or mutual society
• Special schemes
• The worker shall not have the right to a benefit during the situations of strike or lockout.
• Procedure to determine the cause of the disability
• Frequently asked questions