Sick leave for occupational disease in Spain

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The calculator has occupational disease and 60 days of leave selected: change the base and compare with an ordinary illness.

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 60 days of leave

€2,715

Occupational disease · September 2026 base (rule in force until 30 November 2026: the previous month)

Daily regulatory base€60
Statutory benefit€2,715
Wage for the day of leave (employer)€60
Paid by the INSS or mutua€2,655
Without leave you would have earned (gross)€3,600

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

How this is calculated
DaysDates%Who paysAmount
129 Oct 2026100%Employer: day’s wage€60
2-6030 Oct 2026 – 27 Dec 202675%INSS or mutua (advanced by the employer)€2,655

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

An illness is occupational when you catch it through employed work in one of the activities on the official list and it is caused by one of the substances or agents the list links to it: asbestos in construction, noise in industry, repetitive movements in certain trades. If your illness is caused solely by work but is not on the list, it is treated as a work accident, with the same protection. In both cases the employer pays the wage for the first day and from the second you get 75% of the base, which includes the previous year's overtime. No contribution days are required. On a daily base of 65 euros, 60 days of leave pay €2,941.25, against €2,613 if handled as an ordinary illness.

What sets it apart

Article 157 of the General Social Security Act refers to a list approved by regulation, Royal Decree 1299/2006, which groups diseases by the agent that causes them: chemical, physical, biological, inhaled substances, skin diseases and carcinogens. If your illness, your activity and the agent match an entry on the list, it is presumed occupational without further proof. If they do not match but work is the only cause, article 156.2.e) treats it as a work accident. In both cases article 2 of Decree 3158/1966 sets the rate at 75%.

Sick leave compared by cause
ItemOccupational diseaseOrdinary illness
Unpaid days03
Rate75% from day 260%, then 75% from day 21
Overtime in the baseYesNo
Contribution days requiredNone180 in 5 years
Total over 60 days, base of €65€2,941.25€2,613.00

A base that includes overtime

For occupational risks, the regulatory base is the occupational contribution base of the relevant month, without overtime, plus the previous year's overtime divided by 365. With a base of 1950 euros and 1825 euros of overtime, the daily base comes to €70.00. The month used changes on 1 December 2026, as regulatory base explains.

The gap with an ordinary illness is not only the rate. With no unpaid days and overtime added to the base, someone who works a lot of overtime can receive more on leave than their ordinary base would suggest. That is why it is worth checking two lines on the payslip: the occupational contribution base and the overtime line. If the base used by the paying body leaves out the overtime, ask in writing for the detail of the calculation, which you are entitled to see.

Your base with overtime

Daily regulatory base

€60

Monthly base€1,800
Divided by30 days
Daily benefit at 75%€45
A 30-day month at 75%€1,350
Work out the regulatory base →

Observation, length and a change of post

Besides ordinary leave, article 169.1.b) provides for observation periods: up to 180 days of leave, extendable by another 180, while the illness is studied. The leave itself follows the general limits of 365 days plus 180, explained in maximum length. When the illness does not stop you working but your post exposes you to the agent causing it, the employer must move you to another post; if you are pregnant or breastfeeding and the risk affects the pregnancy, there is a separate benefit covered in pregnancy risk.

Common questions

What is an observation period for occupational disease?

It is leave granted while doctors check whether you have an occupational disease, even before it is diagnosed. It lasts up to 180 days, extendable by another 180 if needed for the diagnosis, and is paid as temporary incapacity from occupational disease, at 75% from the day after the leave starts.

Who decides whether my illness is occupational?

The first diagnosis is made by the doctor treating you: the mutua’s doctor or the health service doctor, who can report the suspicion. If there is disagreement, the INSS decides through the procedure to determine the cause, which you can start yourself by providing medical reports and a description of your job.

Can depression caused by work be an occupational disease?

Mental disorders are not on the list of occupational diseases. If work is proven to be their sole cause, they can be recognised as a work accident under article 156.2.e) of the Act, with the same 75% from the next day. Proving that sole cause is the hard part.

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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