Sick leave

Spain's sick leave entitlement is governed by the Spanish Workers' Statute (Estatuto de los Trabajadores) and provides employees with paid leave when they are unable to work due to illness or injury. During the first three days of absence, employers may require medical certification, though this requirement varies by collective agreement. From the fourth day onward, a medical certificate issued by the Spanish Social Security system (Instituto Nacional de la Seguridad Social, INSS) or a private physician is mandatory.

The rule covers all employees in Spain, whether full-time or part-time, and applies across all sectors. Employees retain their right to full salary during sick leave periods, with Social Security typically covering wages after the initial employer-paid period, depending on the length and nature of the illness. The specific duration and compensation structure may be modified by applicable collective bargaining agreements at the sectoral or company level.

The governing framework is established in Article 45 of the Spanish Workers' Statute, complemented by Social Security regulations (Real Decreto Legislativo 8/2015). Recent amendments have clarified digital notification procedures and streamlined certification requirements, with updates taking effect progressively through 2023 and 2024.

Employers and payroll teams must maintain clear documentation of all sick leave absences, request appropriate medical certificates according to statutory timelines, and coordinate with Social Security for wage replacement calculations. They should verify applicable collective agreements, as these often provide more generous terms than statutory minimums. Proper record-keeping ensures compliance with labor inspectorate requirements and protects both employer and employee rights throughout the absence period.