Amount

General regulation:

In cases of common contingencies:

It is the result of dividing the amount of the worker's contribution basis for common contingencies in the month prior to the one in which the disability commences by the number of days said contribution refers to (this divisor will specifically be: 30, if the worker has a monthly wage; 28, 29, 30 or 31, if they have a daily wage).

However, if the worker joins the company in the same month as their disability begins, the BR taken will be the contribution basis of said month, divided by the number of days for which contributions have been made. When the worker has not been employed for the whole of the previous month, the divisor will also be the number of days for which contributions have actually been made.

In cases of employment injury or occupational sickness:

The BR is obtained by adding two addends:

• The contribution basis for leave due to professional causes from the previous month, excluding overtime, divided by the number of days said contributions correspond to.

• The contribution for overtime in the previous calendar year, divided by 365 days, unless the seniority in the company is lower, in which case, the number of days of work in the company will be expressed, excluding those of the month of termination.

In cases of multi-employment:

This is calculated by entering all the contribution bases in the different companies, applying the legal ceiling for the purposes of contribution.

In the case of part-time workers, whatever the duration of the services rendered and the contingency: The daily BR will be the result of dividing the sum of the part-time contribution bases credited since the last employment contract, with a maximum of 3 months immediately prior to the month of the causal event, by the number of calendar days included in the period.

The benefit is paid for all calendar days on which the interested party is in a temporary disability situation.

The above does not affect the calculation of the maximum duration period of the temporary disability (TD) situation, which is always carried out according to the number of calendar days in this situation.

In the case of fixed-term employment contracts

For those with a permanent-discontinuous contract, the daily regulatory base of the temporary disability benefit will be the result of dividing the sum of the contribution bases credited since their registration in the corresponding scheme as a result of the start of the service provision caused by the last call, with a maximum of three months immediately prior to the month of the causal event, by the number of calendar days included in the period. 

In the case of contracts for alternating training and for obtaining professional practice, the BR for all contingencies will be the minimum contribution base of the General Scheme, in the case of the worker with an alternating training contract and for obtaining professional practice, unless the contribution base is higher, in which case this will be applied.

In the case of persons undertaking training placements or external academic placements included in training programmes:

• In the case of unpaid traineeships, protection by the temporary disability benefit derived from common contingencies is excluded. 
• The benefits corresponding to temporary disability arising from common or occupational contingencies shall in all cases be paid by means of delegated payment.
• The contribution base for benefit purposes shall be:
  • Paid traineeships: The minimum contribution base of contribution group 7 will be taken, except in those months in which the registration does not cover the whole month, in which case the pro rata amount will be taken.
  • Unpaid traineeships: This will be the result of multiplying the minimum contribution base in force at any given time for contribution group 8 by the number of days of traineeships completed in the calendar month, subject to the limit, in any case, of the amount of the minimum monthly contribution base corresponding to contribution group 7. In addition, for the purposes of benefits, each day of unpaid training shall be considered as 1.61 days of contributions, without exceeding the number of days of the corresponding month in any case. Fractions of a day that may result from the above coefficient shall be counted as a full day.
    

In the case of workers in the sectors of artists and bullfighting professionals, whatever the contingency from which it derives:

In the case of artists, the regulatory base is the average of the contribution bases for the 12 months prior to the causal event; and in the case of bullfighters, it is the result of dividing the total annual contribution prior to the causal event by 365, or the daily average of the accredited contribution period, if this is less than one year. 

In the case of workers included in the special system for self-employed agricultural workers:

1. If the worker pays contributions for actual working days and works fewer than 22 such days per month:

   Part-time and permanent-discontinuous workers are put on an equal footing. The TD regulatory BR for common and professional contingencies is the same.

   The BR is calculated on the actual contribution basis of the company where the causal event occurred.

2. If the worker works 22 or more working days per month, this means that the contribution is paid on a monthly basis:

• Occupational TD contingencies:

  Contribution basis for occupational contingencies for the month prior to the month of sick leave.
  This excludes non-periodic items of remuneration (overtime) or those whose periodicity is greater than monthly and includes the average of the contribution bases corresponding to these items during the twelve calendar months immediately prior to the start date of the benefit or, if this is less, the period of registration in the company to which the worker belongs.

• Common TD contingencies

The generally established rules apply.

In the case of workers included in the Special System for domestic employees:

1. If it is TD derived from common contingencies

   The BR is made up of the contribution basis for the month preceding the month of sick leave, divided by 30, irrespective of the number of days in that month.

2. If the TD is caused by occupational contingencies:

   Full-time workers:

   The BR will be made up of the contribution basis of the domestic employees corresponding to the month prior to the month of sick leave, divided by 30.

   Part-time workers:

   The BR shall consist of the average of the contribution bases for the 3 months immediately preceding the month prior to the month in which the causal event occurred, without the need to take into account the average overtime. According to RD-Law 3/2012, in this case, these workers cannot work overtime.

3. Pluri-employment and part-time work

   When a domestic employee has several part-time contracts and the sum of their contribution bases are equivalent to that of a full-time worker, they are assimilated to full-time workers for the purposes of calculating the days worked and causing benefits, and part-time workers for the purposes of recognising entitlement and calculating benefits.

   The BR is calculated by calculating the contribution bases of the different companies, and the maximum contribution ceiling applies.

4. Part-time and full-time pluri-employment

   If the domestic employee works simultaneously full-time for one employer and part-time for another, the determination of the corresponding portion of the daily BR shall be made for each job in accordance with its scheme, without the base being allowed to exceed the maximum contribution ceiling.

• 60% from the 4^th day to the 20^th, inclusive.
• 75% from the 21^st day onwards.

• 75% from the day the worker becomes entitled to the benefit.

Special TD situations for female workers:

• Secondary disabling menstruation: 
  • From the first day to the 20^th: 60% of the base rate. From the twenty-first: 75% of the base rate.

• Termination of pregnancy, voluntary or otherwise, and first day of the thirty-ninth week of gestation:
  • First day: salary.
  • From the second to the twentieth day: 60% of the base rate.
  • From the 21^st day: 75% of the base rate.

Special situation of TD due to organ or tissue donation for transplant: 

• 100% of the regulatory base from the first day of sick leave. 

When the worker is in a situation of temporary disability (TD) derived from common contingencies and during this period the worker's contract is terminated:

• They will continue receiving TD benefit in an amount equal to their corresponding unemployment benefit until said situation comes to an end, and will then acquire legally unemployed status if the contract was terminated for any of the legal causes that give rise to said status and start receiving, if they meet the necessary requirements, their corresponding contributory unemployment benefit, having started receiving said benefit on the termination date of the contract, or the unemployment benefit. In this case, the time that they have been in the situation of TD will be subtracted from the period for collecting unemployment benefit and counted as having been used up, starting from the termination date of the employment contract.

• The SPEE  will make the Social Security contributions, assuming the contribution corresponding to the worker in its entirety for the entire period that is deducted as consumed, even when unemployment benefit has not been requested and without a situation of continuity is passed to a situation of permanent disability or retirement, or when the death of the worker occurs, giving entitlement to death and survival benefits. 

When the worker is in a situation of TD derived from professional contingencies and during this period their employment contract is terminated:

• They will continue to receive the TD benefit in an amount equal to that which they were already receiving, until this situation comes to an end. They then acquire the status of legally unemployed and start receiving the corresponding unemployment benefit, if they meet the necessary requirements. In this case, the time spent in a situation of TD will not be subtracted from the period of receiving said benefit following the termination of the contract or unemployment benefit.

When the worker is receiving full unemployment benefit and enters into a situation of temporary disability (TD), the following categories must be differentiated:

• In cases in which the TD is a reoccurrence of a previous situation that began during the term of an employment contract:

  • The amount the worker will receive for the TD benefit will be the same as the unemployment benefit.

  • In this case and in the event that the situation of TD continues once the unemployment period has finished, the worker will continue to receive same amount of TD benefit as they were previously receiving for unemployment benefit.

• In cases in which the TD is not a reoccurrence of a previous situation that began during the term of an employment contract, but rather a new process:

  • The worker will receive the benefit for an amount equal to the unemployment benefit for this eventuality.

  • In this case and in the event that the situation of TD continues once the unemployment period has finished, the worker will continue to receive TD benefit equal to 80% of the monthly IPREM, excluding the proportional amount of the extra payments.

• The period for collecting unemployment benefits will not be extended.

• The Managing Body of the unemployment benefits will continue to pay the Social Security contributions (the employer contribution and the 35% supplement by which the worker contribution is reduced). 

The benefit is a subsidy, the amount of which depends on the regulatory base (RB) and the percentages applicable to it.