Sick leave in Spain: baja laboral, continued pay and who pays when

Anyone who falls ill in Spain quickly finds themselves in a system that differs fundamentally from German continued wage payment: with sick leave in Spain, officially called the "Parte de Baja por Incapacidad Temporal", the employment contract is initially suspended, and instead of a single employer salary, a tiered system of a waiting period, employer payment and social security benefit takes its place. Spain is already well ahead across Europe when it comes to sick days – on average, employees are absent 4.9 weeks per year. Anyone who doesn't know the deadlines and payment stages risks losing wages or even their protection against dismissal. This guide explains step by step who pays from which day, what the requirements are, how long a Baja can last at most, and what changes with the digitalisation of INSS notifications from 2026.

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What exactly is the Baja laboral?

The German translation "continued wage payment in case of illness" only partially captures the Spanish system. Legally, this is an incapacidad temporal (temporary incapacity for work): in the event of illness, the employment contract is generally suspended, not continued. Instead of a single salary, a social security subsidy usually takes its place, the amount and payer of which depend on the reason for the incapacity. According to the Estatuto de los Trabajadores (Art. 48.1), the job remains reserved – protection against dismissal therefore exists in parallel with the suspension of the contract under Art. 45.1 c) ET.

Legal basis for sick leave in Spain

The current regulation is based mainly on three levels: the Real Decreto 625/2014 on the administration of temporary incapacity for work, the Ley General de la Seguridad Social (Art. 128–137), and the Estatuto de los Trabajadores. Historically, the principle dates back to the Orden de 13 de octubre de 1967, which still shapes the underlying idea today: the focus is not on continuing the salary, but on the fact that the employee is temporarily unable to fulfil their duty to work.

Note: In addition to the law, a Convenio Colectivo (sector collective agreement) often applies, which may contain different or supplementary rules on sick leave notification. More on this in the guide Hiring employees in Spain.

The 3-day rule: how the sick leave notification process works

At the onset of illness, Spain follows a process that differs from the German system — and which changed fundamentally in 2023. You still need to notify your employer of your incapacity for work without delay. Since 1 April 2023, however, you no longer have to hand in the Parte de Baja to your employer yourself. Since the Real Decreto 1060/2022 and the Orden ISM/2/2023, the doctor only issues one copy for you; the INSS transmits the data to the company electronically. The previously common three-day deadline for submitting it to the employer has therefore been abolished. Anyone still acting according to the old rule is doing nothing wrong — but they can no longer rely on it.

1. Day 1 of the illness: Appointment with the GP (médico de cabecera) at the Centro de Salud, or by phone/online.
2. Issuing of the Parte de Baja: The doctor issues the official initial certificate and usually transmits it electronically to the social security authority.
3. Notifying the employer: Notify your absence without delay. Since 1 April 2023, the certificate itself is transmitted electronically by the INSS to the company.
4. In case of continued illness: Regular Parte de Confirmación issued by the doctor, depending on the prognosis period.
5. Upon recovery: The doctor issues the Parte de Alta, and the employee returns to work.

Attention: Without a medical certificate submitted in time, the absence is considered unexcused. This can jeopardise both the entitlement to the social security benefit and protection against dismissal.

Who pays when? Sick pay day by day

The core element of Spanish sick leave is the staggered payment responsibility. Unlike in Germany, there is no continuous full sick pay from the employer – instead, a waiting period, employer payment and social security payments alternate.

For the first three days of illness there is generally no entitlement to pay or social benefits – this so-called "purga" (cleansing period) is intended to limit absences. Only from the fourth day does the payment obligation begin, initially by the employer, and from day 16 social security takes over. Reports suggest the benefit rate can range between 60 and 75 percent of the assessment base depending on the phase and type of illness – if in doubt, check your individual Convenio Colectivo, as many collective agreements provide for additional top-ups.

Note: The exact amount and who pays depend, under Spanish social security law, on whether it is a common illness (enfermedad común), a workplace accident or an occupational disease. If in doubt, have a Gestoría or a specialist lawyer explain the specific situation to you.

Requirements for the IT benefit

For social security to pay at all, certain conditions must be met. The claimant must be registered with social security or be in an equivalent situation. In the case of a common illness (enfermedad común), a minimum contribution period is also required.

Anyone who does not meet the 180-day contribution period may, in the case of a common illness, have no entitlement to the IT benefit. Self-employed persons (Autónomos) have their own regime – details on this can be found in the guide Autónomo Spain.

Duration of the Baja and extension

Sick leave is not unlimited in time. The maximum duration of sick pay or the IT benefit is twelve months and can be extended by up to a further six months if recovery and restoration of the ability to work is forecast.

After the 18 months (12+6) have elapsed, the INSS refers the case to a decision-making body, which decides whether the period is extended to up to 30 months or whether disability is determined. The employer is informed of this decision. Only once the employee can be officially deregistered does the employer's obligation to continue paying wages end – until then, the employee must continue to be employed or the position must be kept open.

Digitalisation: INSS notifications digital from 2026

A recent update concerns the delivery of official decisions: based on Orden ISM/541/2026, the INSS now delivers certain notifications digitally. The actual sick leave procedure itself remains unchanged – only the delivery method for notifications has changed.

Note: Anyone without access to Cl@ve or a digital certificate should arrange the necessary access credentials early on in order to be able to retrieve notifications in time. More on this in the guide Cl@ve PIN Spain.

Spain vs. Germany: The key differences

Those coming from Germany are used to a different system: there, the Entgeltfortzahlungsgesetz (EFZG) regulates the continued payment of full salary by the employer for a legally defined period, before the health insurance fund takes over sick pay. In Spain, by contrast, there is a waiting period without any payment from the outset, followed only by a proportional benefit – and the employment contract is legally considered suspended rather than continued.

Protection against dismissal during the baja

Even though the employment contract is considered suspended during sick leave under Art. 45.1 c) ET, the job remains reserved under Art. 48.1 ET. Dismissal during an ongoing, properly reported baja is therefore generally not straightforward – the situation is different if the sick leave was not proven in time or not proven at all. Details on dismissal and severance pay can be found in the guide Finiquito & Dismissal Spain.

Most common mistakes with sick leave

• Submitting the certificate too late: Anyone who misses the three-day deadline risks an unexcused absence and the loss of entitlements.
• Overlooking the minimum contribution period: Without the required 180 contribution days within the last 5 years, the IT benefit may not apply in the case of common illness.
• Convenio Colectivo not checked: Many collective agreements provide for additional benefits or top-ups that go unused if you are not aware of them.
• Missing digital delivery: Since the switch to digital INSS notifications (Orden ISM/541/2026), recipients must actively retrieve them within 10 days.
• Confusion with the German system:Anyone who automatically assumes full continued payment of wages from day 1 will be caught out by the Spanish waiting period.

What happens next?

If the Baja ends through recovery, the doctor issues the Parte de Alta and work is resumed. If the incapacity to work extends beyond the regular period of 12 plus 6 months, an INSS panel decides on a further extension of up to 30 months or the determination of an invalidity. In the case of an established (permanent) invalidity, other social security benefits apply – more on this in the guide Applying for a pension in Spain. If the employment relationship ends in connection with the sick leave, the guide Applying for paro in Spain may also become relevant.

Checklist: Sick leave in Spain

• Arrange a doctor's appointment on the first day of illness (Centro de Salud, GP)
• Inform the employer of the illness without delay
• Obtain the Parte de Baja from the doctor and keep your own copy
• Check your own contribution period with social security (min. 180 days/5 years for enfermedad común)
• Check the Convenio Colectivo for additional benefits
• Ensure access to Cl@ve/Certificado Digital for digital INSS notifications
• Obtain regular Parte de Confirmación if illness continues
• Retrieve the Vida Laboral to check your own contribution periods

Tip: You can retrieve your entire contribution history at any time via the Vida Laboral and thus check the 180-day requirement yourself.

Conclusion

Sick leave in Spain follows a clear, but for newcomers often surprising, logic: three days' waiting period without pay, then 60 percent paid by the employer, and from day 16 social security takes over. Anyone who knows that submitting the certificate to the employer has no longer been required since April 2023, who is aware of the minimum contribution period of 180 days, and who keeps an eye on the digital delivery channels for INSS notifications, avoids the most common pitfalls. For longer-term or complex cases – for example, close to the 12-month limit or in case of uncertainty about one's own Convenio Colectivo – it is worth seeking expert advice early on.

Official sources

• Ministerio de Inclusión, Seguridad Social y Migraciones – Guide on Temporary Incapacity: https://www.mites.gob.es/es/guia/texto/guia_14/contenidos/guia_14_29_3.htm
• Boletín Oficial del Estado (BOE) – Real Decreto 625/2014 and Ley General de la Seguridad Social: https://www.boe.es
• Instituto Nacional de la Seguridad Social (INSS): https://www.seg-social.es