Protected Situations / Beneficiaries / Requirements

• 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 Medical Assistance.

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

Special situations of TD for female workers. They will be considered as special situations of Temporary Disability due to common contingencies (in force from 1 June 2023):

• Situations in which the woman may experience secondary disabling menstruation.

• Situations in which, due to the termination of pregnancy, voluntary or otherwise, while receiving Medical Assistance from the Public Health Service and being unable to work, without prejudice to those cases in which the termination of pregnancy is due to an accident at work or occupational disease, in which case it will be considered a situation of Temporary Disability due to occupational contingencies.

• The gestation period of the working woman from the first day of the 39^th week.

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 Medical Assistance 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.
  • In the case of both work-related and non work-related injuries, as well as occupational diseases, no prior contribution periods are required.
  • No minimum contribution period is required in special situations of temporary disability due to termination of pregnancy or those in which the woman experiences secondary incapacitating menstruation.
• In the special situation of pregnancy of a working woman, from the first day of the 39^th week, the following minimum contribution periods are required:
  • If the worker is under 21 years of age at the time of commencement of the rest period, no Minimum Contribution Period is required.
  • If the worker has reached the age of 21 and is under the age of 26 at the time the rest period begins, the Minimum Contribution Period required shall be 90 days of contributions within the seven years immediately preceding the start of the rest period. Alternatively, the aforementioned requirement shall be deemed fulfilled in cases of those who can prove 180 days of contributions throughout their working life, prior to the latter date.
  • If the worker has reached the age of 26 on the date on which the rest period begins, the Minimum Contribution Period required shall be 180 days of contributions within the seven years immediately preceding the start of the rest period. Alternatively, the aforementioned requirement shall be deemed fulfilled in cases of those who can prove 360 days of contributions throughout their working life, prior to the latter date.

• In the case of part-time workers:

As of 01/10/2023, in accordance with the provisions of Article 26 of Royal Decree-Law 2/2023, of 16 March, for the purposes of accrediting the contribution periods necessary to qualify for retirement, permanent disability, death and survival, temporary disability and childbirth and childcare benefits, the different periods during which the worker has been registered on a part-time contract will be taken into account, regardless of the length of the working day worked in each of them.

Regulations in force until 30/09/2023: To accredit the Minimum Contribution Period 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.