Sick leave after a non-work accident in Spain

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The calculator has non-work accident selected: enter your base and the days to see each band and who pays it.

You work as

On your payslip: “base de contingencias comunes”

With extra payments spread over the year

More details
Monthly pay and registered all month?

Only for work accidents and occupational disease

Serious illness listed in your agreement?

Your pay for 45 days of leave

€1,737

Non-work accident · September 2026 base (rule in force until 30 November 2026: the previous month)

Daily regulatory base€60
Statutory benefit€1,737
Paid by the employer (days 4 to 15)€432
Paid by the INSS or mutua€1,305
Without leave you would have earned (gross)€2,700

Gross amounts: the benefit is subject to income tax and contributions. Nothing you type leaves your browser.

How this is calculated
DaysDates%Who paysAmount
1-329 Oct 2026 – 31 Oct 20260%Nobody: unpaid days€0
4-151 Nov 2026 – 12 Nov 202660%Employer, at its own cost€432
16-2013 Nov 2026 – 17 Nov 202660%INSS or mutua (advanced by the employer)€180
21-4518 Nov 2026 – 12 Dec 202675%INSS or mutua (advanced by the employer)€1,125

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

A non-work accident is any accident unrelated to your job: a fall at home, a sports injury, a car crash on holiday. It is paid exactly like an ordinary illness: nothing for the first three days, 60% from day 4 to day 20 and 75% from day 21, with days 4 to 15 paid by the employer. The big difference is that no contribution days are required: being registered on the day of the accident is enough. So someone who has just started work with only 40 days of contributions is paid if they break a leg skiing, but not if the leave is for flu. With a daily base of 50 euros, a 45-day leave after a non-work accident pays €1,447.50. If the accident happens on the way to or from work, it is not a non-work accident: it is a commuting accident.

What it is and how it is paid

Article 158.1 of the General Social Security Act defines a non-work accident by exclusion: it is any accident that is not a work accident under article 156. For pay purposes it is grouped with ordinary illness: Royal Decree 53/1980 sets 60% for days 4 to 20 and Decree 3158/1966 75% from day 21. The table shows a 10-day and a 45-day leave.

Non-work accident on a daily base of €50
Band10-day leave45-day leaveWho pays
Days 1 to 3€0€0Nobody
Days 4 to 15€210.00€360.00Employer
From day 16€0.00€1,087.50INSS or mutua
Total€210.00€1,447.50

The advantage over an ordinary illness

Article 172.b) of the same Act requires no prior contribution period for any accident, work-related or not. This matters most to people who have just started work, who are returning after years out of the labour market or who move between short contracts. An ordinary illness, by contrast, needs 180 days in the previous 5 years, as qualifying period explains. If your doctor recorded an ordinary illness and it was an accident, ask for it to be corrected: it can be the difference between being paid and not. Tell the doctor how, when and where it happened, and keep the emergency report: it is the evidence that there was an accident and not an illness that simply appeared. The code on the sick note is what the INSS and the employer will rely on.

Do you need contribution days?

Do you meet the minimum contributions?

Not required

Days required0
Without the minimumno benefit, though the sick note is valid
Check the qualifying period →

Where the line falls

An accident on the way to or from work is not a non-work accident but a work accident, paid at 75% from the next day: see commuting accidents. Nor is one suffered while doing, on the employer's orders, a task outside your role. If in doubt, compare the two figures in work accidents: for a short leave, the gap between one classification and the other can exceed what you receive in total. The three unpaid days and the agreements that pay them are covered in the first days of leave.

Common questions

Do I need contribution days to be paid after an accident outside work?

No. The law sets no minimum contribution period for any accident, work-related or not. Being registered with Social Security on the day of the accident is enough. With 40 days of contributions, the qualifying-period calculator confirms the right for a non-work accident, whereas an ordinary illness would need 180.

Is an injury playing football with colleagues a work accident?

As a rule, no: if the activity is not organised by the employer and is not part of your duties, it is a non-work accident. It is different if the employer organises the activity as part of work, or if it happens at the workplace during working time, where the law presumes it is work-related unless shown otherwise.

Am I paid the same if I get injured on holiday?

Yes. The cause of the leave is a non-work accident and is paid on the same scale, from day four. And if the leave overlaps your holiday, you are entitled to take the holiday days you lose at another time, even after the calendar year has ended, within the limits set by the Workers’ Statute.

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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

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