Spanish labor lawyer Sebastián Ramírez has warned that sick leave payments are frequently worked out incorrectly, leaving employees with less money than they are legally entitled to. He said the calculation is often done wrong and that as a result people get paid less than they should.
A period of medical leave can lower a worker's monthly income, but a smaller payslip does not automatically mean the figure is correct. The amount depends on the cause of the temporary incapacity, how many days have passed since the leave began, and the base used as a reference. Ramírez said the first thing to check is the payslip itself, not the sum that lands in the bank account.
The benefit is not worked out by applying a straight percentage to net pay. Spain's Social Security system starts from what is known as a regulatory base, which is drawn from the worker's contribution base, and only then applies the percentage that corresponds to the type of leave. Because of this, looking only at gross or net salary can lead to the wrong conclusion. The contribution base sets the starting point, though a collective bargaining agreement can add extra payments on top.
How sick pay is calculated
Before checking the amount, it is necessary to identify the type of leave. A common illness or an accident outside work follows one rule, while a workplace accident or occupational illness follows another, and some special situations have their own separate rules. The cause of the leave changes both the percentage paid and the date from which the right to payment begins.
For a common illness or a non-work accident, the general rule is that no benefit is paid for the first three days. From the fourth to the twentieth day, workers receive 60% of the regulatory base, rising to 75% from day 21 onward. This is the breakdown summarised by the TikTok account Leyes con Sebas, run by Ramírez, which warns of the mistakes that can appear when these percentages are transferred onto a payslip. The final figure can also change if a collective agreement includes a supplement.
Work accidents and occupational illness
If the incapacity results from a workplace accident or an occupational illness, the general benefit is 75% of the regulatory base from the day after the right to payment is recognised. The day of the accident itself is paid at the worker's full ordinary salary. In cases of common illness, the employer is responsible for the payment from the fourth to the fifteenth day, after which Spain's National Social Security Institute (INSS) or the relevant mutual insurance company takes over. The recognised cause of the leave therefore also determines who is responsible for paying it.
What to check on the payslip
The daily regulatory base is generally calculated using the contribution base from the month before the leave began. If the salary is paid monthly, that figure is divided by 30; if it is paid daily, it is divided by the number of days in the month the contribution corresponds to. The result is then multiplied by the percentage that applies to the type of leave and the number of days recognised. Ramírez said an error at this stage skews the entire final calculation.
Collective agreements can change the amount
A collective bargaining agreement can top up the legal benefit with additional payments, meaning two workers on the same type of leave can end up receiving different amounts. Ramírez advised checking the applicable pay scale, the contribution base and the individual items listed on the payslip. If the total does not add up, he said workers should request a written breakdown from their employer and keep hold of their pay receipts. Reviewing each item, he said, is the only way to know whether a reduction in pay is actually correct before accepting it.
