When requesting a medical leave, many doubts arise about current legislation, especially if it implies a risk to our job or our monthly salary.
With the new Labor Reform and the royal decrees on this matter approved in 2012, there may be some confusion. Here we solve some frequently asked questions.
Medical leave for employees
- According to the Royal Decree of July on budget stability and promotion of competitiveness, personnel who work for public administrations and who are in a situation of temporary disability due to common illness or non-work accident will only receive 50% of the salaries they received for the month above during the first three days of leave.
- This regulation applies only to common sick leave, not to those that involve surgical interventions, radiotherapy and chemotherapy treatments, sick leave due to pregnancy and hospital admission.
Maternity medical leave
- Regarding maternity leave, the mother is entitled to 16 weeks, of which 6 must be taken immediately after the birth of the baby and the other 10 can be taken before or after delivery.
- To request maternity leave, you must go to the National Institute of Social Security with the corresponding documentation, in this case the DNI, the family book and the certificate of maternity leave.
Dismissals due to medical leave
- The fear of dismissal is one of the prevailing causes when going to work sick. According to the labor reform approved a year ago by the Government, companies can fire a worker for missing ten days from work over two consecutive months, even if he has justified medical leave.
- Neither maternity leave, nor those due to non-work accidents nor leave due to gender violence are cataloged in this section.
