Sick leave working conditions Spain and types of sick leave.
When a worker is in a state of health that does not allow him/her to carry out his / her work normally, he/she goes on sick leave. There are several types of sick leave, mainly distinguishing between sick leave for common illness (contingencias comunes) and sick leave for professional illness (contingencias profesionales). Within these professional illness, in this case we are going to focus on sick leave due to professional illness. Iév already posted a blog about the sick leave, which is the most common circumstances when working in a home office based work.
What is a professional disease?
According to the General Social Security Law, a professional disease is understood to be that which is caused or provoked as a result of work, either due to the work itself or to the substances to which one is exposed.
For example, in the case of miners, silicosis is considered a professional disease, as it has been proven that it is caused by the continuous inhalation of dust.
However, for a particular disease to be considered a professional disease, it must be recognised as such in Royal Decree 1299/2006, of 10 November, which approves the list of professional diseases in the Social Security system.
What to do if you have a professional disease?
Workers suffering from a professional disease usually go first to their family doctor. But if it is considered that there is a link between the illness and the work, then the medical professional will draw up a report and send it to the Medical Inspectorate. It will be the Medical Authority of the corresponding Autonomous Community that will contact the Mutual Insurance Company so that it can issue its report.
Work, Mutual Insurance Company
Another alternative for workers who suspect that they have a professional disease is to go directly to the Mutual Insurance Company so that it can start the process of finding out about their state of health and check whether the disease is recognised as a professional disease.
What can be done if a disease is not recognised as a professional disease?
If the Mutual Insurance Company considers that it is a common illness, the affected worker has the possibility of reclaim directly to the INSS so that it can issue its pronouncement. Although this is an administrative procedure, it is always a good idea to have the assistance of a lawyer specialised in labour and social security law who is familiar with the procedure and knows the documents to be submitted. You can contact me for a 10 minutes little report to: +49 1520 8381499 or Email to Erica@taxandlawspain.com
What if the sick leave is recognised as a professional disease?
In this case, the Mutual Insurance Company will be responsible for the payment of the sick leave, and the employee will be entitled to receive 75% of the regulatory base from the day following the date of the sick leave until the end of the sick leave. You can find your “regulatory base” amount in your payroll.
Incapacity for work due to professional disease
There are cases in which the illness is so serious that it impairs the employee’s ability to work. In these cases, the worker can ask for a pension for partial permanent, total permanent or absolute permanent incapacity, depending on his or her state of health. The important thing is to be well advised legally during the process of incapacity in order to obtain the most appropriate pension in each specific case.
If you want to read more about sick leave due to common illness, you can find out more information in my article How much I am receiving for sick leave due to common illness?
Thanks for reading this article. If you still having questions regarding your sick leave in the relationship with your current employer, you can contact me to: +49 1520 8381499 or Email to Erica@taxandlawspain.com