Social Security
In Spain, the legal framework for the principal system of social protection is derived primarily from the Social Security Act 1/1994. The social security system of national insurance contributions covers:
- common contingencies, these contributions cover the situations included in the general social security regime
- professional contingencies cover expenses resulting from labour accidents and occupational diseases
- overtime
- other concepts such as unemployment, training, the Wage Guarantee Fund and the Intergenerational Equity Mechanism (IEM)
Healthcare and Insurances
Social security offers public medical care to all affiliated workers.
Required Leave
Holidays and Annual Leave
Employees are entitled to a minimum of thirty calendar (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 Paternity Leave: now ‘childbirth, adoption and foster care for adoption leave’
Both maternity and paternity leaves now both last sixteen (16) weeks, in cases of childbirth, adoption and foster care for adoption. The parent must take six (6) of these weeks immediately after the birth. The remaining ten (10) weeks can be organised by them under their discretion until the child is twelve (12) months old. However, the biological mother can anticipate the suspension up to four weeks before the expected date of birth.
Sickness and Disability Leave
Temporary disability benefits are daily subsidies that cover the employee’s loss of income due to any sickness such as common diseases or non-work-related injuries, or 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 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 paternity (now ‘childbirth, adoption and foster care for adoption leave’) 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. Employees shall also have the right to a leave of not more than two years, unless a greater period is established by a Collective Bargaining Agreement, 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 themselves and who does not perform any paid activity.
Other Required or Typically Provided Leave(s)
The Employees’ Statute recognises other benefits, including, amongst others: 15 calendar days in case of marriage; 5 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 or non-relative cohabitants; 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; for the indispensable time required to comply with public and personal duties (including voting), as well as for union or staff representation activities. Up to 4 days if the employee cannot reach the workplace or travel due to official restrictions, prohibitions, or severe risks (including adverse weather). Beyond 4 days, leave continues until circumstances change, without prejudice to any suspension or reduction of working hours under force majeure; for the time needed for organ or tissue donation procedures taking place during the working day; up to 4 days per year for force majeure absences relating to urgent family matters or cohabitants in cases of illness or accident requiring immediate presence.
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) (in 20204, we are at 66.5 months of age in case of less than 38 years worked); 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.
