In Spain, the social security system of national insurance contributions covers: i) common contingencies, these contributions cover the situations included in the general social security regime; ii) professional contingencies cover expenses resulting from labour accidents and occupational diseases; iii) overtime; and iv) other concepts such as unemployment, training or the Wage Guarantee Fund.
Healthcare and Insurances
Social security offers public medical care to all affiliated workers.
Holidays and Annual Leave
Employees are entitled to a minimum of thirty (30) days of paid vacation per year. This can be improved by contract or collective agreement. In addition, there are fourteen (14) public non-working days per year, which may differ slightly by region.
Maternity and Partner Leave
Maternity leave lasts sixteen (16) weeks. The mother must take six (6) of these weeks immediately after the birth. The remaining ten (10) weeks can be organised by the mother under her discretion until the child is twelve months old. However, the biological mother can anticipate the suspension up to four weeks before the expected date of birth.
The term “Paternity” has been replaced by “Partner Leave” and refers to the parent other than the biological mother. For births after 1 January 2020, partner leave will last twelve (12) weeks. The partner must take four (4) of these weeks immediately after the birth. The remaining eight (8) weeks can be organised by the progenitor under his/her discretion until the child is twelve months old. This is an individual right of the worker and its exercise cannot be transferred to the other parent. From 1 January 2021, partner leave will last sixteen (16) weeks.
Sickness and Disability Leave
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. The contents and amounts of these benefits are the following:
- in case of common diseases and non-work-related injuries the amount will be 60% of the base rate from the 4th day of leave until the 20th, inclusive, and 75% from the 21st day onward.
- in case of occupational diseases or work-related injuries the amount will be 75% of the base rate for benefits from the day following the date of leave from work.
In the case of disability of the child or the adopted child or foster care child, the suspension of the contract for maternity leave and partner leave will have an additional duration of two weeks, one for each parent. 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(s)
The Workers’ Statute recognises other benefits, including, amongst others: 15 calendar days in case of marriage; 2 days for the death, accident or serious illness, hospitalisation or surgical operation without hospitalisation, but requiring home rest, of relatives up to second degree of consanguinity or affinity and should the worker need to travel for this purpose, the interval shall be 4 days; 1 day for change of domicile; for the indispensable time required to undergo pre-natal check-ups and childbirth preparation techniques that have to occur during the working day.
Pensions: Mandatory and Typically Provided
Retirement pensions are included in all social security regimes and are for life. The conditions for obtaining a pension include:
- having turned sixty-five (65) years of age (there are exceptions: it could gradually change from 65 to 67 years if it attests 38,5 of contribution); and
- having paid national insurance contributions for a minimum of fifteen (15) years – at least two (2) years of contributions must have taken place within the 15 years prior to retirement.