Temporary Disability and Unemployment Benefits in Spain

Causes of Incapacity

Incapacity can be caused by:

• A common illness or non-occupational accident
• An accident at work
• Occupational diseases
• Observation periods of occupational disease

Requirements for Payment of Cash Benefit for Temporary Disability

To be eligible for temporary disability benefits, you must:

• Be a member of social security
• In the event of common illness, have paid contributions for more than 180 days within the 5 years preceding the medical event
• In the case of a work-related accident or occupational disease, no minimum contribution period is required

Duration of Temporary Disability

The duration of temporary disability is typically 12 months. If you are discharged and later require leave within 6 months of the initial discharge, or within 3 months with possible permanent disability and recovery, an extension of up to 30 months from the start date may be granted.

Amount of Subsidy in a Situation of Temporary Incapacity

• Days 1-3: No allowance is paid.
• Days 4-15: 60% of the regulatory base is paid by the employer.
• Days 16-20: 60% of the regulatory base is paid by the National Institute of Social Security (INSS).
• From Day 21: 75% of the regulatory base is paid by the INSS.

Presentation of Medical Reports

• Medical discharge report: Must be presented to the company within 5 days of the start of the leave.
• Confirmation report: The doctor confirms the leave on the 4th day.
• 2nd and subsequent confirmation reports: Issued weekly by the doctor.
• Medical report of discharge: The worker must deliver this to the company within 24 hours of receiving it.

Requirements for Entitlement to Unemployment Benefit

To be eligible for unemployment benefits, you must:

• Be affiliated with social security
• Be in a legal situation of unemployment
• Have completed the qualifying period
• Not have reached retirement age
• Have worked as an employee

Documents Required by the Employment Office

• Application for benefits
• Documents relating to the employment relationship
• Certificate from the company stating the basis of estimate and unemployment for the last 180 days
• A copy of the official records of social security contributions
• Photocopy of identity card
• Commitment to activity

When Unemployment Benefits Can Be Suspended

Unemployment benefits can be suspended for one month if you:

• Fail to submit a prior request to the managing entity
• Do not renew your job search in the manner and on the dates determined
• Do not return to the National Institute of Employment (INEM) with proof of where and when you appeared
• Are serving a sentence involving deprivation of liberty

Amount of Unemployment Benefits

• First 180 days: 70% of the regulatory base.
• From day 181: 60% of the regulatory base.