Sick leave

# Sick Leave in Spain

Spain does not establish a statutory minimum number of paid sick leave days at the national level. Instead, sick leave entitlements are determined through collective bargaining agreements, individual employment contracts, or company policies. This means employers and employees negotiate the specific terms of illness-related absences, including whether they are paid, partially paid, or unpaid.

When an employee is unable to work due to illness, they must notify their employer as soon as possible, typically within the first few hours of the absence. The employer may request medical certification, usually after three consecutive days of absence, to verify the employee's incapacity. This certification is issued by the Spanish healthcare system or a private physician and must confirm the employee's inability to work.

The governing framework for sick leave in Spain is found in the Workers' Statute (Estatuto de los Trabajadores) and the General Social Security Law (Ley General de la Seguridad Social). These laws establish the procedural requirements for reporting illness and providing medical evidence, but do not mandate a specific number of paid days.

During periods of certified incapacity, employees may receive income replacement through the Spanish Social Security system (Seguridad Social) rather than direct employer payment. The replacement rate and duration depend on the type of incapacity and the employee's contribution history.

Employers must ensure compliance with applicable collective agreements in their sector and region, as these often provide more generous sick leave provisions than the statutory minimum. Payroll teams should maintain clear documentation of medical certificates and absence records to properly process any Social Security benefits and ensure accurate wage calculations during periods of illness-related leave.