The first three days of a sick leave for common illness hurt the most: Social Security does not pay them and, unless your collective agreement says otherwise, neither does the employer. From the fourth day there is a benefit, and the first twelve days of it (days 4 to 15) are paid by the employer, not by the INSS. Here is who pays each stage and how much a short leave costs you. In Spain this is called incapacidad temporal (temporary incapacity); the leave itself is the baja médica.
What the law says about days 1 to 3
Article 173.1 of the General Social Security Act (LGSS) says that, in common illness or a non-work accident, the benefit is paid from the fourth day of leave. Days 1, 2 and 3 have no benefit.
The employer is not obliged to cover them either: temporary incapacity is a ground for suspending the contract (art. 45.1.c of the Workers Statute) and suspension releases both sides from the duties to work and to pay for work (art. 45.2). What can happen is that your convenio colectivo (collective agreement) or your contract improves those days. It is the first thing to check.
Who pays each stage
| Stage (common illness) | Who pays | What you receive |
|---|---|---|
| Days 1 to 3 | Nobody by law | Nothing, unless an agreement or contract improves it |
| Days 4 to 15 | The employer, as payment of the benefit | The benefit |
| From day 16 | The managing body (INSS) or the mutual insurance body | The benefit |
On your payslip you will see both amounts (the employer’s for days 4 to 15 and the INSS or mutual body’s afterwards) mixed with your pay for the rest of the month. The benefit rate is 60% of the regulatory base from day 4 to 20 and 75% from day 21, as published by Social Security; the detailed calculation is in how much sick leave pay you get.
How much a short leave costs
Álvaro has a contribution base of €1,800 a month: 1,800 / 30 = €60 a day. 60% is €36 a day.
| Length of leave | Days paid | Benefit | What you would earn working | Difference |
|---|---|---|---|---|
| 3 days | 0 | €0 | €180 | −€180 |
| 5 days | 2 (days 4 and 5) | €72 | €300 | −€228 |
| 8 days | 5 | €180 | €480 | −€300 |
| 10 days | 7 | €252 | €600 | −€348 |
| 15 days | 12 | €432 | €900 | −€468 |
| 20 days | 17 | €612 | €1,200 | −€588 |
In the 20-day leave, €432 is paid by the employer (days 4 to 15) and €180 by the INSS or mutual body (days 16 to 20). These are approximate gross amounts: contributions and income tax are withheld from the benefit as applicable. If Álvaro’s agreement topped up to 100% from the first day, he would receive the difference with what he would have earned working.
When there is no waiting period
The same article 173.1 sets different rules:
- Work accident or occupational disease. The benefit is paid from the day after the leave begins, and the employer pays the full wage for the day of the leave.
- Incapacitating secondary menstruation and organ or tissue donation. The benefit is paid by the managing or collaborating body from the same day of leave.
- Termination of pregnancy (voluntary or not) and pregnancy from week 39. The benefit is paid from the next day, with the full wage for the day of the leave paid by the employer.
In organ donation, the benefit is also 100% of the regulatory base for common contingencies (art. 171).
Why your case may be different
- Your convenio. Many set top-ups for temporary incapacity, sometimes only from a certain day or only in certain cases. Look for «incapacidad temporal» or «mejora voluntaria» (voluntary improvement).
- Your contributions. For common illness you need 180 days contributed within the previous five years (art. 172.a). Without them there is no benefit.
- Strike or lockout. There is no right to the benefit while they last (art. 173.3).
- Your real base. The benefit is calculated on the regulatory base (base reguladora), not on your net pay.
- Relapses. If you go back on leave for the same condition within 180 days of being discharged, it counts as the same process for the maximum duration (art. 169.2). How the waiting days are counted then, ask Social Security or a trade union.
Questions to ask of your convenio
If you are looking for the improvement in your collective agreement, these are the questions to answer. Each agreement answers differently and there is no general rule in the law:
- From which day is the benefit topped up: the first, the fourth, the sixteenth?
- Up to what percentage of pay: 100% or a part?
- For how many days or months?
- Does it apply to every leave, or only some, such as work accidents?
- Is there any condition, such as not exceeding a certain number of leaves a year?
If your agreement says nothing, your individual contract may still improve it. Ask your union representative or the HR department.
For the full split between employer, mutua and INSS across the whole leave, see who pays sick leave, stage by stage.
What to do if your payslip does not add up
- Check the leave certificate and count calendar days from the first one.
- Check that the employer pays the benefit from day 4, not day 5.
- See whether your agreement has a top-up and that it shows as a separate item.
- If there are errors, claim them in writing from the employer and keep a copy.
While you are on leave, the employer has certain powers of control. They are explained in what your employer can check during sick leave. And if a dismissal letter reaches you during the leave, see being dismissed while on sick leave.
This page is general information. With deadlines or money at stake, speak to an employment lawyer (abogado laboralista) or a trade union.