Who pays sick leave in Spain?
Given the frequent questions about how employees are paid during sick leave in Spain, here is a summary of how Temporary Incapacity (IT) benefit works and the delegated payment mechanism.
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What is temporary incapacity?
It is the benefit that covers an employee’s loss of income while on sick leave, whether due to common contingencies (common illness or non-work accident) or occupational contingencies (work accident or occupational disease). It is calculated on the employee’s regulatory base, applying different percentages depending on the day of leave and the type of contingency.
Who pays each stage?
Common contingencies:
- Days 1 to 3: no Social Security benefit is paid. If the collective agreement provides for a supplement (which may reach 100% of salary), it is paid by the company.
- Days 4 to 15: the benefit is paid entirely by the company, which pays 60% of the regulatory base and cannot recover it from Social Security. The collective agreement supplement may also apply, always paid by the company.
- From day 16: payment becomes the responsibility of Social Security or, where applicable, the collaborating mutual insurer, and the amount rises to 75% of the regulatory base. Any collective agreement supplement remains payable by the company. From this point, delegated payment applies.
Occupational contingencies: the benefit, equal to 75% of the regulatory base, is paid by the collaborating mutual insurer from the day after the leave begins, also through delegated payment from the start. Any collective agreement supplement is paid by the company.
Delegated payment: how it works
Even though the benefit is owed by Social Security or the mutual insurer, the company pays it to the employee together with their salary and then recovers the amount by deducting it from its Social Security contribution returns. The employee therefore does not receive payment directly from the INSS or the mutual insurer, and keeps receiving income throughout the leave.
In summary
- From day 1 to 15, temporary incapacity is paid by the company, which may also be required by the collective agreement to top up to 100% of salary.
- From day 16, it is paid by Social Security under delegated payment (the company advances it and then recovers it), without prejudice to any collective agreement supplement.
For any further questions, contact us.