statutory leave minimum? © Copyright 2014 - Arcos & Lamers Asociados SLP | A new Royal Decree has been issued in Spain which will change the way sick leave is regulated as from this December. If you don't have sick leave, you're twice as likely to send your child to school or daycare sick. If you are self-employed, you should submit a statement of your work situation (temporary or definitive suspension or being carried out by another person). There are 10 national public holidays, and two £321.30 or 70% of your typical monthly salary. For any problem with your entitlement as a European citizen: EU welfare services. Hospital up to 18 month – after this period of time the social security needs to decide whether the employee should go back to work or considered incapacitated for work. – when sickleave is estimated to be between 5 and 30 days, after your first visit to get your ´baja´, you will need a repeat appointment with either your own medico or the Mutua´s medico within 7 calendar days to either receive ´alta´ or confirmation of ´baja´. Repeated unjustified absences from work may lead to a disciplinary dismissal. Share . The leave can be divided up into more than one period, as long as one of the periods is at least two weeks. Non appearance without justification, presented within the timeframe of 10 days following the appointment, will lead to provisional suspension of your sick leave as of the date following the proposed appointment. Finland and Ireland, in fact, pay out nothing for a week of sick leave, due to extended 'waiting periods'. There, Spanish employment laws are highly detailed and designed to protect worker rights from labor abuse. A three-day waiting period, during which 50% of the worker's wage will be paid, precedes a month of full salary. Accountant Costa del Sol, Lawyers Costa del Sol, Legal Advice Costa del Sol, Tax Advice Marbella. For employers, if there is unused leave it must be paid out at termination, which is an additional expense that may not have been anticipated. ASK HR [VMware network access required] It will enable you to cover the loss of your daily income while you are off work, in addition to receiving healthcare. Maternity and paternity leave: Maternity leave is for an uninterrupted period of 16 weeks (two additional weeks for each child after the second child in cases of multiple births). £206.43, or 60% of your typical weekly salary. The employer pays for the first five days, and the state thereafter. £575.80, or 38.50% of your typical monthly salary. Day 4 – 20: The ill employee receives 60% of their normal wages  (100% if they are in hospital) to be paid by: Day 4 – 15 the 60% is paid by the employer to the employee and 100% if the ill employee stay, for health reasons in hospital. cannot be made for vacation days, unless the employment contract is terminated. Although that technically means you only have two weeks paid sick leave after a year, which is the figure we've included here. We update our web site on a regular basis so please keep checking back. In Spain, if you fall ill and have to stop working temporarily, you can claim an allowance for temporary incapacity. You are entitled to up to twelve (12) months of Sick Leave. £35.96, or 8.68% of your typical weekly salary. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. When on sickleave, you used to need to go to your medico to get a confirmation of your incapacity to work every 7 days. You have to have worked for 9 months prior to be eligible, though. Of course the corresponding indemnity due is applicable as per Spanish law. £51.38, or 37% of your typical weekly salary. Collective agreements can improve on the legal compensations. £146.78, or 70% of your typical weekly salary. national holidays? The above Spanish labour information is not applicable to work accidents. In all cases, the employer should settle the corresponding Social Security costs of this particular employee that is on leave. The employer pays sick pay from the fourth up to the fifteenth day of sick leave, after which sickness cash benefit is provided from the social security system. 65% is the base sick-pay from that point on for many, though this can rise to 75% depending on the duration of illness. If you've been paid SSP within the last 8 weeks, the 3 'qualifying days' no longer apply. Temporary Incapacity (known by the initials IT in Spanish) is the name given to a situation that prevents a person from working for a certain period of time. It will enable you to cover the loss of your daily income while you are off work, in addition to receiving healthcare. However, if the employee is already working for over 6 month for the company the ruling are applicable as if he/she is staying in hospital. Hiring Remote Workers in Spain: A Guide for US Employers, Maximum Working Hours and Overtime in Spain. Please do not hesitate to contact the Spanish advicers of Arcos & Lamers Asociados, for any clarification or additional information on this subject or any other relating to Spanish company, accountancy and labour matter. Both issued either by NHS medico (for ordinary illnesses or injuries – ´contingencias comunes´) or by medico under contract with a Mutua (for work related illness or injury – ´contingencias profesionales´). In Hungary, you can receive 70% of your wage for a maximum of 15 days a year, with 50% of your salary received after that point. The employer covers the first two days of sick pay in Lithuania, and must pay a minimum of 80% of the employee's salary. I am assuming that the answer is yes and that is why should be a member of our web site if you arent already. Can an employer offer more than the You can also file your complaint  directly, online, on the website of said Dirección General or that of the Secretaría de Estado de la Seguridad Social (should be possible to do so as of January 1st 2015). Please note: The information provided is based upon our understanding of current legislation. Citizens Advice Bureau is a registered as a Spanish Non-Profit/NPO/ONG organisation. Only in the case of ´contingencias comunes´ of course, as in cases of ´contingencias profesionales´ the Mutua decides on its own. £99.93, or 76.72% of your typical weekly salary. If a medical certificate is not provided, the absence will be considered as unjustified and tracked as unpaid absence from work. In Spain, the employee has a right to 15 days (including weekends) for a marriage, 2 days for the death of a family member, 1 day for home relocation, and 4 months for maternity leave… £272.46 or 75% of your typical monthly salary. Seg. and local public holidays which are granted as paid days off in Spain. During sick leave, the employee will receive a sickness payment from the employer, which is approximately 75% of the employees' salary. New is that the Mutua, that decides whether your claim that your illness is the result of work-related causes -´contingencias profesionales´ is justified, in the case that they decide it is not – must justifiy their reasons in writing to you. Sickness cash benefit in Spain. Unlike some countries, payment in lieu After 14 days, the local authority pays instead of the employer, at a rate of 90% of the worker's salary - which, based on the average salary, is actually above that threshold. I mention the Spanish terms on purpose, so they will hopefully make sense to you when you come across them in a situation where you need to deal with the administrative aspect of sick leave. This site is managed by the Directorate-General for Employment, social affairs and inclusion, Follow the European Commission on social media, Delivering on the European Pillar of Social Rights, Bodies promoting equal treatment and supporting workers in the European Union and their family members, Accidents at work and occupational diseases, Member States wishing to be notified of all posting situations on their territory, Digitalisation in social security coordination. Employees are paid their full salary up until the 77th day of sick leave by the employer in Luxembourg, at which point they receive benefits from the National Health Fund. Sick leave. The information is solely applicable for restaurants and bar activities. Rather than a typical waiting period, the Slovakian system pays out 25% of the employee's base pay for 3 days, and 55% thereafter. Social and NHS will have up to 9 days to respond to the latter (as of March 1st 2015). A Royal Decree (625/2014) effective from September 1 makes sweeping changes to the systems by which employee sick leave is reported. You have a common illness or have suffered a non-occupational accident which prevents you from working. The company pays for 10 days, and the 'Social Insurance Agency' pays out after. In Spain, employee benefits are treated seriously, and may be more generous than in your home country, so it is necessary to learn the rules before hiring any employees in Spain. £465.53, or 76.56% of your typical weekly salary. Note 2: if you are unable to make the appointment, you must inform the Mutua, preferably before or at the latest on the proposed date, and make another appointment. Please find below the way to approach the salary payments due to the employer in Spain. The first three days of sick leave are 'qualifying days', where you aren't paid Statutory Sick Pay.

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