The legal framework for social security is derived primarily from the Social Security Act 1/1994. In Spain, the Social Security’s national insurance contributions cover:
- Common contingencies, these contributions cover the situations included in the Social Security’s general
- Professional contingencies cover expenses resulting from labour accidents and occupational
- Other concepts such as unemployment, training or the Wage Guarantee
Healthcare and Insurances
The Social Security offers public medical care to all affiliated workers.
There are fourteen (14) public nonworking days per year, which may differ slightly by region.
Employees are entitled to a minimum of thirty (30) days of paid vacation per year. This can be improved by contract or collective agreement.
Maternity leave lasts sixteen (16) uninterrupted weeks. The mother must take six (6) of these full-time weeks right after birth. The remaining ten (10) can be exchanged for twenty (20) weeks of part time work if the employee reaches an agreement with the employer.
Paternity leave is a subsidy given to workers who suspend the work contract or cease their activity during the legally established days, on the occasion of the birth of a child, adoption or fostering. This permit is regulated in article 48 of the Workers’ Statute and in the General Law of Social Security.
Temporary Disability Benefits are daily subsidies that cover the worker’s loss of income due to any sickness such as common diseases or non-work-related injuries, occupational diseases or work-related injuries. The maximum duration of the benefit is 365 days, but it can be extended for a further 180 days if, during this period, the person is expected to be cured.
In the case of disability of the child or the adopted child or foster care child, the suspension of the contract for maternity leave will have an additional duration of two weeks. Whoever, for reasons of legal custody, needs to be in charge of the direct care of a child under twelve years of age, or a person with a physical or sensorial disability who does not perform any paid activity, shall have the right to a reduction of their working day, with the proportional decrease in salary between, at least, an eighth, and at most, half of its duration. Workers shall also have the right to a leave of not more than two years, unless a greater period is established by collective bargaining, in order to attend to the care of a family member up to the second degree of consanguinity or affinity who, for reasons of age, accident, illness or handicap, cannot fend for him/herself and who does not perform any paid activity.
Other Required or Typically Provided Leave
The Worker’s Statute recognises other benefits, including, but not limited to fifteen calendar days in case of marriage; one day for change of domicile; to perform union or personnel representation functions under the terms legally or conventionally established; etc.
Pensions: Mandatory and Typically Provided
Retirement pensions are included in all Social Security regimes and are for life. The conditions to obtain a pension are:
- having turned sixty-five (65) years of age (there are exceptions – it could gradually change from 65 to 67 years old if it attests 38,5 of contribution).
- having paid national insurance contributions for a minimum of fifteen (15) years. At least two years of contributions must have taken place within the fifteen (15) years prior to