Sick leave from week 39 of pregnancy

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The calculator starts from a due date of 20 March 2027: change the date and the base to see your days up to the birth.

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 14 days of leave

€528

Ordinary illness · January 2027 base (new rule: the month before the month preceding the leave)

Daily regulatory base€60
Statutory benefit€528
Wage for the day of leave (employer)€60
Paid by the INSS or mutua€468
Without leave you would have earned (gross)€840

Ordinary illness requires 180 days of contributions in the last 5 years. Gross amounts: the benefit is subject to income tax and contributions. Nothing you type leaves your browser.

How this is calculated
DaysDates%Who paysAmount
16 Mar 2027100%Employer: day’s wage€60
2-147 Mar 2027 – 19 Mar 202760%INSS or mutua (advanced by the employer)€468

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

From the first day of week 39 of pregnancy you can be signed off on temporary incapacity with no other reason needed: it is one of the special situations in Spanish law. Week 39 starts 14 days before the expected due date, so with a due date of 20 March 2027 the leave can start on 6 March 2027. It is paid like an ordinary illness, at 60% of the base up to day 20, but from the day after the leave starts rather than from day four, and it is paid by the INSS or the mutua, not the employer. The employer pays the first day's wage. With an 1800 euro base, the 14 days up to the birth pay €528 of benefit plus the first day's wage. On giving birth, the leave ends and birth leave begins.

When it starts and ends

Week 39 starts fourteen days before the expected due date, which health services set at 40 completed weeks of pregnancy. The due date appears in your pregnancy follow-up reports, and that is the date the doctor will use. Article 169.1.a) of the General Social Security Act lists it among the special situations of temporary incapacity from common causes, and Royal Decree-law 31/2026 keeps that protection in the wording in force from 1 December 2026. The leave lasts until the birth, when birth leave begins, whatever the number of days that turns out to be.

Leave from week 39 on a €1,800 base, birth on the due date
ItemDate or amount
Expected due date20 March 2027
First day of week 396 March 2027
Day 1: wage paid by the employer€60.00
Days 2 to 14: benefit at 60%€468.00

How it is paid

The amount is that of an ordinary illness: 60% of the base up to day 20 and 75% from day 21, which is only reached if the birth comes a week or more late. What changes is the timing: the benefit starts the day after the leave, with no three waiting days, and the paying body covers it from then on, with no employer band. The employer does pay the first day's wage. The base is the common-contingencies base of the relevant month, as regulatory base explains; after the December change, leave in March 2027 uses the January base.

Do you meet the age-based rule?

Do you meet the minimum contributions?

Yes

Days required180
Without the minimumno benefit, though the sick note is valid
Check the qualifying period →

Compared with other options

If your post already put the pregnancy at risk and you were receiving that benefit, you keep it at 100% of the base and do not need this leave: see pregnancy risk benefit. If a complication arises before week 39, the leave is ordinary leave for illness, with its three unpaid days and the employer band from day 4 to day 15. Many collective agreements top up sick pay to 100% of salary; pick yours in the calculator to see the difference it makes over these two weeks. The other special situations paid from the next day are in special situations.

Common questions

Do I need contribution days for week 39 leave?

It depends on your age. Under 21, none. From 21 to 26, 90 days in the last 7 years or 180 over a lifetime. From 26, 180 in 7 years or 360 over a lifetime. It is the same scale as birth leave, measured on the date the leave starts.

Does week 39 leave take days off my birth leave?

No. It is temporary incapacity, not an advance on birth leave. Birth leave starts on the day of the birth with its full length. If the birth comes later than the due date, week 39 leave carries on until the birth, because it covers the pregnancy from week 39 onwards.

Do I have to take leave in week 39?

No. It is a right: if you feel well and want to keep working until the birth, you can. The leave is issued by your health service doctor at your request from the first day of week 39, with no need for any complication in the pregnancy.

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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