Sick leave pay in Spain (incapacidad temporal): file it right and get paid
If illness or an accident keeps you off work in Spain, the incapacidad temporal (IT) benefit replaces part of your salary while you recover. The amount and who pays it depend on details that are easy to get wrong — and a baja filed late or an alta médica accepted too soon can cost you weeks of pay. This guide shows you how to do it right, and what to do if you have to appeal.
What incapacidad temporal is
Incapacidad temporal (IT) is the benefit that pays part of your wage while a doctor signs you off work because of illness or an accident. It is run by the INSS (Social Security) or by your company’s mutua, not by the SEPE — the SEPE only handles unemployment, like the unemployment benefit based on contributions (paro) and the the unemployment subsidy (subsidio).
There are two situations, and they pay differently. A common contingency (an ordinary illness or a non-work accident) and a professional contingency (a work accident or an occupational disease). It matters, because the professional route pays more and from day one.
IT is temporary by design: it lasts up to 365 days, can be extended by 180 more (545 days in total), and at that point the INSS decides whether to discharge you, extend it, or assess a permanent disability.
Check what your sick leave should pay you
Tell NAVI your situation — type of baja, who covers it, your contribution base — and get a personalised action plan: the amount you should receive, who pays each stage, and the next step.
Who can claim it
You are an employee or self-employed (autónomo) registered with Social Security, in alta or in a situation treated as alta.
A doctor from the public health service or your mutua has issued an official parte de baja — you cannot self-certify in Spain.
For a common illness: you have contributed at least 180 days within the last 5 years.
For a work or non-work accident, or an occupational disease: no minimum contribution period is required.
Autónomos must be up to date with contributions and have IT coverage (mandatory since 2019).
NAVICheck if I qualify for the benefit and apply without mistakes
NAVI will check eligibility and documents.
Requirements to get paid
These are checked when your baja is opened. If one is missing, the benefit can be denied or suspended.
- Registered with Social Security (alta or asimilada al alta) on the day the baja starts.
- An official parte de baja from your médico de cabecera or the mutua — keep your copy.
- 180 days contributed in the last 5 years — only for a common illness. Accidents and occupational diseases need no minimum.
- You are genuinely unable to work and follow the prescribed treatment and medical reviews.
- You are not working at the same time — IT is incompatible with activity.
How much you get and who pays
Common illness or non-work accident: nothing for days 1–3 (unless your convenio improves it), 60% of the base reguladora from day 4 to day 20, and 75% from day 21 onwards.
Work accident or occupational disease: 75% of the base reguladora from the day after the baja.
Who pays: for employees with a common illness, the company advances days 1–15 and the INSS or mutua covers from day 16 (usually still paid through your payroll, called pago delegado). For accidents at work, the mutua or INSS pays from the start. Autónomos receive the payment directly from the INSS or their mutua.
Documents you need
For most employees the payment runs automatically through payroll, but keep these ready in case you deal with the INSS or the mutua directly.
- DNI, NIE or valid residence card (TIE).
- Social Security affiliation number (número de afiliación).
- The parte de baja and any partes de confirmación from your doctor.
- Bank account details (IBAN) for the payment.
- For autónomos: the declaración de situación de actividad.
- In some direct-payment cases: a certificado de empresa with your recent contribution bases.
- A a digital certificate helps you track the baja and submit forms to the INSS online.
Deadlines — do not miss these
Common reasons people lose the payment
- An alta médica issued too soon: if you are sent back to work before you have recovered, you can challenge it — but the window is short. See appealing a medical discharge (alta médica).
- Fewer than 180 contributed days for a common illness.
- Not registered (no alta) with Social Security when the baja begins.
- Missing a medical review (tribunal médico / reconocimiento): not attending can suspend or end the payment.
- Working while on baja: this means losing the benefit and a possible penalty.
- Reaching 545 days: the benefit ends and the INSS assesses your situation, possibly as a permanent disability.
How to file it, step by step
1. Get the parte de baja. See your médico de cabecera (common illness) or the mutua (work accident). They issue the baja that starts everything.
2. Let the payment run. Employees normally receive it through payroll (pago delegado). Autónomos and direct-payment cases apply to the INSS or mutua with the documents above.
3. Keep your partes de confirmación. Attend reviews and follow the treatment so the benefit is not suspended.
4. If something goes wrong, act fast. If you got an alta médica too early, file your disagreement (disconformidad) within the legal window — see appealing a medical discharge (alta médica). If the benefit is denied or cut, you have 30 business days for a reclamación previa to the INSS before the social courts — see appealing a denied benefit.
Related guides
What people usually need right before or after a baja in Spain.
Check which benefits you can claim in Spain
If you are not sure whether paro, subsidio, the 52+ subsidy, IMV or another benefit fits you, answer NAVI’s questions. It will identify the right benefit route and open the next practical step.
Benefit denied and want to appeal?
If SEPE, INSS or another authority has already denied, suspended or reduced a benefit, you need to understand the exact reason, deadline and evidence. Send the decision: we check the document and the safer next step.
Check the refusal for €9.90 →Frequently asked questions
Who pays my sick leave, the company or Social Security?
For a common illness, your employer advances days 1–15 and the INSS or mutua covers from day 16, usually still through your payroll (pago delegado). For a work accident, the mutua or INSS pays from the start. Autónomos are paid directly by the INSS or their mutua.
How much will I actually receive?
For a common illness: nothing for the first 3 days, 60% of your base reguladora from day 4 to 20, and 75% from day 21. For a work accident: 75% from the day after the baja. Your convenio may add a top-up.
Do I still have to hand the baja to my employer?
No. Since April 2023 your doctor’s service sends the parte de baja to the company directly. Keep your own copy and simply tell your employer you are on baja.
They discharged me but I am not better — what can I do?
You can challenge the alta médica, but the deadline is very short (often a few days). Act immediately and see our guide on appealing a medical discharge (alta médica).
How long can I stay on sick leave?
Up to 365 days, extendable by 180 more — 545 days in total. After that the INSS reviews your case and may discharge you, extend it, or start a permanent-disability assessment.
Can I work or claim paro while on baja?
No, IT is incompatible with working. If your contract ends while you are on baja, the rules linking IT and the unemployment benefit based on contributions (paro) are specific — check your exact situation before assuming you lose either.
The INSS denied or cut my benefit. What now?
You have 30 business days to file a reclamación previa with the INSS, and then you can go to the social courts. The reply must answer the exact reason given — see appealing a denied benefit.
Sources and legal basis
Royal Legislative Decree 8/2015 (LGSS) — Arts. 169–176 on incapacidad temporal
INSS: Incapacidad temporal
Royal Decree 1060/2022 — telematic communication of partes de baja/alta
Informational only, not legal advice. Percentages and rules come from the LGSS; amounts depend on your contribution base. Confirm your case with the INSS, your mutua or your doctor.
Want everyday protection in Spain from bureaucracy?
Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.
Prefer to handle it yourself?
You can also use the official channels directly, often at no cost: Banco de España for bank complaints, DGSFP for insurance, OMIC or consumer services for consumer claims and Defensor del Pueblo for problems with public administration. Or go through the claim with RightNOW: we prepare the text, evidence and action path, then accompany the case through to the result.
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Checked by the RightNOW team · Change history
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.