Am I paid for the first days of sick leave?

For common illness, you generally receive no pay for days 1-3 unless your convenio colectivo covers them. Your employer pays 60% of your regulatory base for days 4-15, after which Social Security or your employer's mutua takes over.

Employment Contracts

Sick leave in Spain (Baja por enfermedad)

How sick leave (incapacidad temporal) works, who pays you, and how much you receive.

Last reviewed: 2026-06-15Ordinary sick leave can run up to 365 days, extendable by 180 more in specific cases, before a permanent disability assessment is considered.

This guide is not yet verified by Tuchati's editorial review — treat it as a helpful starting point, not a final legal answer.

Overview

When illness or injury stops you working, a doctor can sign you off on sick leave (baja por incapacidad temporal). Who pays you, and how much, changes depending on how many days you've been off.

Requirements

You must be registered with Social Security and actively contributing (in most cases, for a minimum period, depending on the type of leave)
A doctor must formally certify the leave (parte de baja) for it to count

Step-by-step process

See a doctor (public healthcare or, in some cases, your employer's mutua) to get signed off if you're unable to work
Submit your parte de baja to your employer promptly — they need it to process your pay correctly
For common illness or non-work injury: your employer pays days 4-15 directly (60% of your regulatory base), and Social Security or your employer's mutua takes over from day 16 onward
Get follow-up medical confirmations (partes de confirmación) as required until you're either signed off to return (alta) or the leave is extended

Required documents

Medical certificate of leave (parte de baja) and any follow-up confirmations
Your employer's contact details, to submit the certificate promptly

Common mistakes

Not submitting the parte de baja to your employer quickly — delays can affect your pay
Assuming you're paid nothing for the first 3 days — in fact you generally receive no compensation for days 1-3 (unless your convenio colectivo covers them), but the employer's 60% payment starts from day 4

Practical tips

Pay rises to 75% of your regulatory base from day 21 onward for common illness under many conventions
If a workplace accident or occupational illness caused your leave, compensation and coverage rules are more favourable — mention this clearly to your doctor and employer

How Tuchati can help

If your sick pay doesn't match what you expected, or your leave is being disputed, Tuchati can help you understand what you're owed and by whom.