Working in Spain: Leave: Sickness, maternity

Suspension of the contract renders the obligations of both parties without effect: working and remunerating the work. 

Workers are entitled to be reinstated in the job they occupied once the causes underlying the suspension cease.

Causes of Suspension

Temporary invalidity, maternity or paternity, risk to women workers during pregnancy, adoption or pre adoptive or permanent fostering of children under six years of age, enforced leave of absence, exercise of a representative public position, exercise of the right to strike, suspension of employment and pay for disciplinary reasons.

Temporary Invalidity

Protects the situation of a worker who is unable to work and in need of medical assistance for any of the following reasons: 

1. common illness or work related illness 
2. accident, work-related or not 
3. periods of observation for occupational diseases

In order to receive the benefit for temporary invalidity, in the case of common illness, the worker must have paid 180 days' contributions during the five years immediately preceding the date of the medical leave. The benefit shall be paid for the duration of the temporary invalidity, for a maximum of 12 months, extendable by another six.

Maternity and Paternity

A woman's employment may be suspended on the grounds of maternity for 16 uninterrupted weeks, which may be extended by two weeks for multiple births for each child from the second child onwards. This period is distributed at the choice of the person concerned, provided that six weeks fall immediately subsequent to the birth. 

Independently of this obligatory post-birth time off for the mother, if both parents work the latter may opt for the father to take a particular uninterrupted part of the time off subsequent to the birth.

Adoption or Fostering

In cases of adoption or fostering, whether pre-adoptive or permanent, of children of up to six years of age, the time off will last for 16 uninterrupted weeks, extendable in the case of multiple adoption or fostering by two weeks for each child from the second child onwards. 

Time off shall count, at the employee's choice, either from the administrative or legal decision on fostering, or from the court judgment establishing adoption. 

The duration of the time-off will also be 16 weeks in the case of adoption or fostering of children over six years of age when they are disabled or physically handicapped minors who, because of their personal circumstances and experience or because they come from another country, have special difficulties in integrating into social and family life, duly certified by the competent social services. 

When, in cases of international adoption, the parents previously have to travel to the country of origin of the adoptive child, the period of time off provided for each case may begin up to four weeks prior to the judgment establishing the adoption.

Extended Leave of Absence

Extended leave of absence means a situation where the employment contract is suspended at the employee's request, and may be:

Obligatory

The company must grant such leave and must keep the job open; the period concerned is considered to have been worked for the purposes of calculating length of service.

• Causes: appointment or election to public office or the performance of provincial or broader trade union duties.

Voluntary

At least one year's length of service in the company is required. The right to keep the job is not recognised, but priority is given when there is a vacancy. The duration is between two and five years. This right may only be exercised again by the same worker if four years have elapsed since the end of the previous extended leave of absence.

Care for Members of the Family

Extended leave of lbsence to care for members of the family has a maximum duration of three years to care for each child, whether natural or by adoption or fostering, whether permanent or pre-adoptive, counting from the date of birth or, where applicable, from the legal or administrative judgment.

Employees will also be entitled to extended leave of absence of one year, which may be extended by mutual agreement, to care for a blood relation or relation by marriage up to the second degree, who for reasons of age, accident or illness cannot look after themselves and do not perform paid work.

Text last edited on: 06/2005

Source: European Union
© European Communities
Reproduction is authorised.