article_detail

Sick leave in Spain has been one of the most talked-about employment topics of the past few months. The total cost to the economy has reached an estimated €33 billion a year, with the number of episodes rising 84% since 2017, and the debate about what is driving it has become increasingly political.

 

Against that backdrop, UGT's employment lawyers have been answering readers' most pressing questions about how the system actually works in practice. Here are the answers to the ones that come up most often.

 

No. The reason for your sick leave is protected health data under both the Spanish Constitution and the GDPR. You are not obliged to tell your employer the cause of your illness or injury. The sick leave certificate is now sent electronically by the National Social Security Institute directly to the employer, and it contains only a contingency code and estimated duration, not any medical information.

 

For a common illness or non-work-related accident, the standard Social Security payment is nothing for the first three days, 60% of your regulatory base from day four to day twenty, and 75% from day twenty-one onwards. However, many collective bargaining agreements include improvements on these figures paid by the employer, so it is worth checking what your sector agreement says.

 

This is one of the most common questions and the answer is reassuring. Vacation days you cannot take because of sick leave are not lost. Under the Workers' Statute, you have up to eighteen months after the end of the calendar year in which those days were earned to take them once you are discharged. So if you were off sick throughout 2025 and had unused holiday, you could take those days any time up to June 2027.

 

Spanish legislation does not expressly prohibit travel during sick leave, but there are conditions. The trip must not harm your recovery or delay it, and it must not clash with any medical appointments scheduled by the health service or your mutual insurance company. Missing a scheduled examination without justification can result in your benefit being suspended or terminated. The safest approach is to inform your doctor or mutual insurer before travelling.

 

Receiving a letter about a job change while on sick leave can feel alarming, but it is not automatically illegal. Employers do have some powers to reassign tasks within the same professional category. However, if the change goes beyond those limits, the company must follow formal procedures and give at least fifteen days' notice. UGT's lawyers note that any such move during sick leave should also be examined for whether it constitutes pressure to return to work early, which would be a violation of your fundamental rights.

 

The standard maximum is 365 days, which can be extended by a further 180 days if recovery within that period is considered likely. There have also been significant changes to how sick leave is managed in Spain in recent years, including reforms affecting how short-term absences are handled.

 

If your sick leave has been classified as a common illness but you believe it was caused entirely by your work environment, you can challenge that classification with the National Social Security Institute. There is growing legal recognition that mental health conditions caused by workplace conditions can be classified as work-related accidents, provided the link to the work environment can be clearly demonstrated.

 

Remote workers, incidentally, are far less likely to take sick leave at all, with research showing that 65% of people working from home in Spain continue working through illness rather than signing off. Whether that reflects genuine wellbeing or simply a reluctance to formally absent yourself when you are already at home is a question worth sitting with.

 

For anyone living and working in Spain, as sick leave rules continue to attract attention, this latest guidance is a timely reminder that knowing your rights can help avoid unnecessary confusion for both employees and employers.