What you get if you are dismissed or your contract ends while on sick leave

Independent, non-governmental site

Pick the cause of your leave, enter what you were getting and the unemployment benefit you would be due: you will see what you get each month and how many benefit months are deducted.

More details
Relapse of a leave from when you worked?

Your sick pay and unemployment

€1,100/month

You stay on leave paid at the unemployment rate, and that time is deducted from the benefit (art. 283.1).

During the leave you get monthly€1,100
Benefit months deducted afterwards6

80% of the IPREM: €480 a month with the €600 IPREM. Meanwhile the SEPE keeps paying your contributions.

How this is calculated

Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026

If your contract ends while you are off sick, through dismissal or because it expires, the leave does not stop: you stay on temporary incapacity until discharge. What changes is the amount and its effect on unemployment benefit, under article 283.1 of the General Social Security Act. If the leave is for ordinary illness or a non-work accident, from the day of dismissal you get the same as your unemployment benefit would pay, and the remaining time on leave is later deducted from that benefit as already used. If it is for a work accident or occupational disease, you keep the sick pay you had and nothing is deducted. With a base of 1800 euros and unemployment benefit of 1100 euros, 6 months of illness leave after dismissal are paid at €1,100 and cost 6 months of benefit; after a work accident, at €1,350 with none deducted.

The rule in article 283.1

Article 283.1 of the General Social Security Act distinguishes by the cause of the leave. For common risks, someone on sick leave when their contract ends keeps receiving temporary incapacity benefit at an amount equal to the unemployment benefit until discharge; they then become unemployed, if the contract ended for one of the reasons that give a right to unemployment benefit, and receive it as if it had started on the day of dismissal, minus the leave time already passed. Meanwhile, the public employment service pays your contributions, including the share normally paid by the worker.

For occupational risks, a work accident or occupational disease, you keep receiving sick pay at the amount already granted and, when discharge comes, unemployment benefit starts without deducting the leave time. It is a significant difference: the cause written on the sick note decides whether you lose months of benefit. If you have doubts about it, see work accidents.

Base of €1,800, unemployment benefit of €1,100, 6 months of leave after dismissal
Cause of the leaveMonthly pay after dismissalBenefit months deducted
Ordinary illness or non-work accident€1,100.006
Work accident or occupational disease€1,350.000

A worked example

With a base of €1,800, long leave for ordinary illness is paid at 75%: €1,350.00 a month. If you are dismissed and the unemployment benefit you would be due is €1,100, from that day you get €1,100.00. After 6 months, on discharge, the unemployment benefit starts with 6 months fewer. On leave after a work accident with the same base you would stay at €1,350.00 a month with the full benefit waiting for you. The amount of unemployment benefit depends on your recent contribution bases and your dependants; enter yours in the calculator.

Your sick pay after dismissal

Your sick pay and unemployment

€1,100/month

During the leave you get monthly€1,100
Benefit months deducted afterwards6
Open the full calculation →

Who pays you after dismissal

Under a contract, the employer advances sick pay through payroll on behalf of the INSS or the mutua: this is the delegated payment in article 6 of the Order of 13 October 1967. Without a contract there is no payroll, so the paying body pays you directly. It is worth checking that it has your bank details and that no month is left unpaid in the changeover. The general rules are in who pays sick leave.

The agreement top-up and the final settlement

The top-up the employer was paying almost always ends with the contract: many agreements expressly limit it to the time employment continues, as you can see in the agreement top-up. The final settlement and any severance pay are calculated separately. If instead you were already on unemployment benefit when you went off sick, the case falls under paragraph 2, which we explain in sick leave while unemployed.

Common questions

Does Spanish law stop an employer dismissing me while I am off sick?

Social Security law does not forbid dismissal during temporary incapacity: it sets what you receive afterwards. Whether a dismissal is fair, unfair or void is decided by the labour courts, based on the stated reason and the circumstances. This page is not legal advice; challenging a dismissal has very short deadlines that are worth checking straight away.

Are my months of sick leave after dismissal deducted from unemployment benefit?

It depends on the cause of the leave. For ordinary illness or a non-work accident, yes: leave time from the dismissal onwards comes off the unemployment benefit as already used, and with 6 months of leave you would lose 6 months of benefit. For a work accident or occupational disease, nothing is deducted and the full benefit starts after discharge.

Do I keep my agreement top-up if I am dismissed while off sick?

Usually not. The employer pays the top-up because of the contract, and many agreements state that it lasts only while employment continues. Once the contract has ended, you receive only the Social Security benefit, at the amount set by article 283.1. Check your agreement’s article on our top-up page.

Keep going

Official sources for this page

Prepared by

Publisher of free calculators on Spanish sick leave (incapacidad temporal): regulatory base, benefit by day band, employer versus INSS or mutua payments, collective-agreement top-ups and the self-employed

Updated on · Editorial policy · Contact

As of 2026, rules and agreements read in the BOE on