Sick leave for a domestic worker: pay and who covers it
What a domestic worker is paid while on sick leave in Spain, who covers it, and how it is claimed through the Social Security system.
In short
A domestic worker is entitled to sick leave and may receive a payment for the period during which they are unable to work. However, they do not receive their full salary but a reduced amount that depends on the reason for their absence.
If the cause of the leave is a professional contingency (an occupational illness or a work accident), the domestic worker is paid their full salary on the first day of the leave and, from the second day onwards, 75% of the regulatory base. The regulatory base (base reguladora) is calculated from the contribution base of the month before the leave, divided by the number of days in that month; it appears on the payslip and depends on the worker's salary. If it is their first month of work, the contribution base for that same month is used.
Where the leave is due to a common contingency (a common illness or a non-work accident), they will receive nothing for the first three days; from day 4 to day 20 they receive 60% of the regulatory base and, from day 21 of the leave onwards, 75% of the regulatory base.
Since the entry into force of Royal Decree 1060/2022 (1 April 2023), the worker no longer has to hand the sick note to the employer: the National Social Security Institute (INSS, Instituto Nacional de la Seguridad Social) reports the leave, its confirmation and the discharge directly.
Who pays a domestic worker's sick leave?
If the leave is due to a common contingency (a common illness or a non-work accident):
- Nothing is paid for the first three days.
- From day 4 to day 8 (both included), the benefit is paid by the employer.
- From day 9 onwards, the worker must apply to the Social Security for direct payment (pago directo) of the benefit.
If the leave is due to a professional contingency (an occupational illness or a work accident):
From the day after the leave begins, direct payment must be claimed from the Social Security or from the mutual insurance company (mutua), depending on which one the employer has arranged to cover professional contingencies (the collaborating mutual insurer or the INSS).
That said, for the entire duration of the leave, as long as the employment relationship is maintained, both the worker and the employer must continue paying their Social Security contributions.
To process a sick leave, the GP (médico de cabecera) issues the sick note stating the employer's details. The employer, in turn, must issue a company certificate (certificado de empresa) showing the worker's contribution base. Finally, the domestic worker applies to the Social Security for direct payment of the benefit.
Can a domestic worker be dismissed while on sick leave?
Yes, but only for a genuine reason other than the sick leave itself. Since Royal Decree-law 16/2022 of 6 September (in force on 9 September 2022), free withdrawal (desistimiento libre) is no longer permitted in domestic employment: every dismissal must be justified (withdrawal with cause, objective dismissal or disciplinary dismissal). If the real reason is being on sick leave and there is no valid justification, the dismissal may be declared null and void under Article 26 of Law 15/2022 on equal treatment and non-discrimination.
A valid example would be a reason justified by the family's circumstances, such as a reduction in the household's financial capacity.
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Frequently asked questions
- How long does a domestic worker have to claim direct payment of sick leave?
- The worker must apply for direct payment to the INSS or the mutual insurance company (mutua) from day 9 of the leave (in the case of a common illness). There is no 10-day cut-off deadline: the benefit lapses after 5 years, although it is only paid retroactively for up to 3 months. They need the sick note and the employer's contribution certificate (model C-133), which shows their regulatory base, plus their IBAN.
- What happens if the domestic worker does not claim direct payment?
- They go unpaid from day 9 of the leave. From that date the employer is no longer obliged to pay the salary, so if the worker does not arrange direct payment with the INSS or the mutual insurance company (mutua) they receive no benefit. It is a step they must take themselves, not the employing family.
- Do you have to keep paying a domestic worker's Social Security while they are on sick leave?
- Yes, contributions continue throughout the leave as long as the contract remains in force. Both the employer and the worker must keep contributing as normal: the domestic employment contribution is not suspended or reduced because of sick leave, even when it is the Social Security or the mutual insurance company (mutua) that pays the benefit.
- How much is a domestic worker on leave for a work accident paid?
- They are paid their full salary on the day the leave begins and 75% of the regulatory base from the following day. With professional contingencies (a work accident or occupational illness) there are no first three unpaid days as there are with a common illness, and the benefit is paid by the mutual insurance company (mutua) or the INSS from that first day after the leave begins.
