The sick pay top-up in your Spanish collective agreement
Independent, non-governmental site
Pick your national agreement, the cause and the days: you will see the Social Security benefit, the employer top-up and the total.
Top-up: Contact centres
€429
Illness: 70% on days 1 to 3 (9 days a year), 75% to day 20 and 100% up to a year; work accident: 100% from day one.
| Statutory benefit | €1,062 |
| Employer top-up | €429 |
| Total you receive | €1,491 |
| Without leave you would have earned | €1,800 |
Days 1 to 3 are capped at 9 days a year. Top-up reference: pay. 3rd agreement, to 2026 and extendable. Read in the BOE on 29 October 2026.
| Days | Dates | % | Who pays | Amount | Agreement |
|---|---|---|---|---|---|
| 1-3 | 29 Oct 2026 – 31 Oct 2026 | 0% | Nobody: unpaid days | €0 | + €126 |
| 4-15 | 1 Nov 2026 – 12 Nov 2026 | 60% | Employer, at its own cost | €432 | + €108 |
| 16-20 | 13 Nov 2026 – 17 Nov 2026 | 60% | INSS or mutua (advanced by the employer) | €180 | + €45 |
| 21-30 | 18 Nov 2026 – 27 Nov 2026 | 75% | INSS or mutua (advanced by the employer) | €450 | + €150 |
| Agreement | Article | BOE |
|---|---|---|
| III Convenio colectivo de ámbito estatal del sector de contact center (antes telemarketing) | Art. 70. Complementos en los supuestos de incapacidad temporal | BOE-A-2023-13741 |
Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026
The law sets the minimum sick pay; your collective agreement can oblige the employer to pay more. We have read in the BOE the temporary incapacity article of 21 national agreements. Each guarantees a total percentage, benefit included, on pay or on the contribution base, and the employer pays the difference: if the agreement says 100% and the day's benefit is 60%, the top-up is the remaining 40%. The rules vary a great deal: some cover from day one, others only work accidents, others only long leave or hospital stays, and several count how many times you have been off that year. On a 1800 euro salary, 30 days off sick in a contact centre pay €1,491, against €1,062 from the statutory benefit alone.
What an agreement guarantees
The temporary incapacity benefit has its own scale: for ordinary illness, nothing for the first three days, 60% of the base from day 4 to 20 and 75% from day 21, under Royal Decree 53/1980 and Decree 3158/1966. A collective agreement does not change that scale: it obliges the employer to top it up to a percentage. If the article says “100% of pay”, the employer pays the gap between the benefit and daily pay every day. If it says “100% of the contribution base”, the reference is the base, which may differ from pay.
Of the 21 agreements, 9 use pay as the reference for ordinary illness and 2 the contribution base; 10 do not top up ordinary illness without special conditions.
| Agreement | In short | Page |
|---|---|---|
| Banking | 100% of agreement pay for 18 months of sick leave due to illness. | Banking and insurance |
| Care services | Work accident and occupational disease only: 100% to day 90, 95% to day 120 and 90% to day 180. | Social care |
| Chemicals | Work accident, occupational disease and hospital stays: 100%; ordinary illness without a stay: no sector top-up. | Industry and construction |
| Construction | The national agreement only guarantees 100% during a hospital stay and the following 60 days; the rest is set by the provincial agreement. | Industry and construction |
| Consulting and IT | Only for leave over 30 days: 100% of pay from day 5, for 12 months at most. | Business services |
| Contact centres | Illness: 70% on days 1 to 3 (9 days a year), 75% to day 20 and 100% up to a year; work accident: 100% from day one. | Business services |
| Contract catering | First and second leave of the year at 100% up to 12 months; from the third, 100% only from day 21. | Retail and customer-facing |
| Department stores | Illness: nothing for the first 3 days and 100% of group base pay from day 4; work accident: 100%. | Retail and customer-facing |
| Disability services | First leave of the year at 100%; second at 60% on days 1 to 3 and 75% after; work accident at 100%. | Social care |
| Engineering | Only for leave over 30 days: 100% from day 5 for 12 months, extendable by 6. | Business services |
| Insurance | Full pay for 18 months, whatever the cause of the leave. | Banking and insurance |
| Meat industry | Work accident and occupational disease: 100% of the regulatory base; ordinary illness: a fixed sum per day in hospital with surgery. | Industry and construction |
| Nurseries | 100% of agreement pay for the first 3 months of any leave. | Education |
| Petrol stations | Accident: 100% of actual pay; hospital stay: 100% for 15 days; serious illnesses listed: 85% then 100% to day 90. | Retail and customer-facing |
| Pharmacies | Work accident: 100%; illness: 100% only with a hospital stay or serious illness, up to 6 months. | Retail and customer-facing |
| Printing | Work accident and occupational disease: 100% of the base from day 5; illness: only with a hospital stay. | Industry and construction |
| Private security | Illness: a 50 to 100% scale on the contribution base up to day 100; work accident: 100%. | Business services |
| Publicly funded private schools | 100% of pay for 3 months, plus a month per three years of service; 7 months for teachers paid by the education authority. | Education |
| Savings banks | 100% of actual pay for 12 months and 87.5% during the extension; days 1 to 3 at 100% the first two times a year. | Banking and insurance |
| Social action | 100% of the contribution base from day one, whatever the cause. | Social care |
| Textiles and clothing | Work accident (commuting included) and occupational disease only: 100% of the previous month’s gross, for 12 months. | Industry and construction |
The details that change the result
The cause comes first: many industrial agreements and the care services one only top up work accidents and occupational disease. Next, the leave count in the year: disability services, savings banks, contract catering and private security pay less from the second or third spell. A hospital stay opens top-ups in construction, chemicals, pharmacies, petrol stations, printing and contact centres. And length: consulting and engineering only top up leave longer than 30 days. All of these are under “More details”.
Compare agreements for the same leave
Top-up: Private security
€639
| Statutory benefit | €1,737 |
| Employer top-up | €639 |
| Total you receive | €2,376 |
| Without leave you would have earned | €2,700 |
What is not included
We only cover national sector agreements published in the BOE. Provincial ones, such as each province's construction or retail agreement, regional ones and company agreements are not included, even though in some sectors they are the ones most applied. Neither is the national metalworking agreement, because its text sets no top-up. If your employer pays more by arrangement or custom, the more favourable condition is kept. To see who pays each part, read who pays sick leave; delegated payment is governed by article 6 of the Order of 13 October 1967.