Sick leave for occupational disease in Spain
Independent, non-governmental site
The calculator has occupational disease and 60 days of leave selected: change the base and compare with an ordinary illness.
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.
| Days | Dates | % | Who pays | Amount |
|---|---|---|---|---|
| 1 | 29 Oct 2026 | 100% | Employer: day’s wage | €60 |
| 2-60 | 30 Oct 2026 – 27 Dec 2026 | 75% | 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%.
| Item | Occupational disease | Ordinary illness |
|---|---|---|
| Unpaid days | 0 | 3 |
| Rate | 75% from day 2 | 60%, then 75% from day 21 |
| Overtime in the base | Yes | No |
| Contribution days required | None | 180 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 by | 30 days |
| Daily benefit at 75% | €45 |
| A 30-day month at 75% | €1,350 |
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.