Special sick leave situations in Spain
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Choose the situation, the date and the days: you will see that pay starts the next day and that donation is paid at 100%.
Your pay for 10 days of leave
€600
Ordinary illness · September 2026 base (rule in force until 30 November 2026: the previous month)
| Daily regulatory base | €60 |
| Statutory benefit | €600 |
| Paid by the INSS or mutua | €600 |
| Without leave you would have earned (gross) | €600 |
Gross amounts: the benefit is subject to income tax and contributions. Nothing you type leaves your browser.
| Days | Dates | % | Who pays | Amount |
|---|---|---|---|---|
| 1-10 | 29 Oct 2026 – 7 Nov 2026 | 100% | INSS or mutua (advanced by the employer) | €600 |
Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026
Spanish law recognises five special situations of temporary incapacity from common causes, all paid better than an ordinary illness. They are secondary disabling menstruation and pregnancy termination or loss; pregnancy from week 39; organ or tissue donation; and, from 1 December 2026, limiting menopausal disorders and injuries from gender violence. All are paid from the day after the leave starts, with the first day's wage paid by the employer, and the benefit is paid by the INSS or the mutua from the start. Donation is paid at 100% of the base; the rest at 60% up to day 20 and 75% after that. Only week 39 requires contribution days, depending on age. With an 1800 euro base, a 10-day leave for menopause pays €384, against €252 for an ordinary illness.
The situations one by one
Article 169.1.a) of the General Social Security Act, as worded by Royal Decree-law 31/2026, lists the special situations. The first one actually groups two cases, disabling menstruation and pregnancy termination or loss, which is why the table has six rows for five situations. It compares them for a ten-day leave starting on 10 December 2026 on a €1,800 base.
| Situation | Existed before | Total over 10 days |
|---|---|---|
| Secondary disabling menstruation | Yes | €384.00 |
| Pregnancy termination or loss | Yes | €384.00 |
| Pregnancy from week 39 | Yes | €384.00 |
| Organ or tissue donation | Yes | €600.00 |
| Limiting menopausal disorder | No, from 1-12-2026 | €384.00 |
| Injuries from gender violence | No, from 1-12-2026 | €384.00 |
| Ordinary illness (reference) | Yes | €252.00 |
What they have in common
From 1 December 2026, article 173.1 treats them all alike on timing: the benefit starts the day after the leave and the employer pays the first day's wage. Before that date, menstruation and donation were paid from the first day of leave. None has an employer-paid band for days 4 to 15: the INSS or the mutua pays from the start, even if the employer advances it through payroll. The amount is that of common contingencies, except donation, which pays 100%. Menstruation never counts as a relapse, as the menstruation page explains. Collective agreement top-ups for ordinary illness generally apply too, since these are still common-contingency cases; check the wording of yours.
Compare a special situation
Your pay for 10 days of leave
€252
| Daily regulatory base | €60 |
| Statutory benefit | €252 |
| Paid by the employer (days 4 to 15) | €252 |
| Paid by the INSS or mutua | €0 |
Contribution days and paperwork
Article 172 requires no contribution days for menstruation, pregnancy termination or loss, donation, menopause or gender violence. Week 39 follows the age scale of birth leave: details are in week 39 of pregnancy and qualifying period. In all of them, the doctor records the situation with its own code on the note. For gender violence, one of the official documents linking the injury to the act of violence must also exist before discharge, and the document must state that causal link expressly. If a pregnancy loss is due to a work accident or an occupational disease, it is treated as an occupational case instead and paid at 75% from the next day, by the body covering occupational risks.