Relapse: when sick leave adds the days of the last one
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Enter the discharge date, the new leave date and how long the earlier leave lasted: you will see whether it is a relapse and when you reach 365 and 545 days.
Is it a relapse?
Yes, relapse
The new leave adds the previous 40 days towards the 365 and 545 limits (LGSS art. 169.2).
| Days between discharge and new leave | 44 |
| Days already counted | 40 |
| You reach 365 days on | 18 September 2027 |
| You reach 545 days on | 16 March 2028 |
The law does not say whether days 1 to 3 and the switch to 75% restart in a relapse: you get both figures.
| If the body… | Amount |
|---|---|
| treats it as a new process (days 1 to 3 unpaid) | €1,062 |
| carries on the count from the previous leave | €1,350 |
Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026
A relapse happens when you are signed off again for the same or a similar condition within 180 calendar days of being discharged from the previous leave. In that case it is not a new process: the days of both leaves are added together for the 365 and 545-day limits. With a discharge on 15 September 2026, a new leave on 14 March 2027 is still a relapse, and one on 15 March 2027 is already a new process. If the condition is different, there is never a relapse, even if the new leave comes the next day. Disabling menstruation never counts as a relapse either. What the law does not make clear is whether the three unpaid days apply again in a relapse: the calculator gives you both figures. On a daily base of 60 euros, 30 days of relapse after 40 days of leave pay €1,350 if the count carries on and €1,062 if it restarts.
The 180-day rule
Article 169.2 of the General Social Security Act says that relapse periods count towards the maximum length, and that there is a relapse when a new leave for the same or a similar condition occurs within 180 calendar days of discharge. The table applies the rule to three new leaves after a discharge on 15 September 2026 following a 40-day leave.
| New leave | Condition | Days since discharge | Relapse? | Reaches 365 days on |
|---|---|---|---|---|
| 14 March 2027 | Same | 180 | Yes | 1 February 2028 |
| 15 March 2027 | Same | 181 | No | 13 March 2028 |
| 2 November 2026 | Different | 48 | No | 1 November 2027 |
A single day changes the outcome: at 180 days after discharge it is still a relapse and the 40 earlier days count; at 181, the leave is a new process and the limits start from zero. The condition matters too: flu after leave for back pain is never a relapse, even if it comes the following week. Conversely, a condition with a different name but linked to the same cause may count as similar: the doctor signing the note makes that call, and the INSS can review it.
Is your new leave a relapse?
Is it a relapse?
Yes, relapse
| Days between discharge and new leave | 44 |
| Days already counted | 40 |
| You reach 365 days on | 18 September 2027 |
| You reach 545 days on | 16 March 2028 |
What changes and what does not
A relapse mainly affects the length limits: if the original leave and the relapse add up to 300 days, you have 65 left before 365, when the INSS takes control, and 245 before 545, as maximum length explains. On pay, however, the law is silent: it does not say whether the three unpaid days and the switch to 75% on day 21 are counted from the original leave or from the relapse. That is why the calculator shows both figures, so you can compare them with what appears on your payslip. Disabling menstruation is the express exception: each episode is a new process, as covered in disabling menstruation. If the previous discharge was signed by the INSS, only the INSS can sign you off again during those 180 days; what to do if you disagree with a discharge is in medical discharge.