Please be informed that as of 1 June, the three new special situations of temporary incapacity, regulated by Organic Law 1/2023, will come into force.
These are the most significant new features of each of them:
- Sick leave for secondary incapacitating menstruation
- This is a situation in which a woman may find herself in case of secondary incapacitating menstruation (dysmenorrhea caused by a previously diagnosed pathology).
- Except for the consideration of relapse, each process will be considered new.
- No minimum contribution period will be required for entitlement to the temporary incapacity benefit.
- The economic benefit will be paid from the day of the sick leave at the Social Security’s expense.
- Sick leave for termination of pregnancy
- A situation in which women who have undergone a termination of pregnancy, whether voluntary or not, will find themselves while receiving medical care from the Public Health Service and are unable to work.
- If the termination is due to work accident or occupational disease, it shall be considered temporary disability due to occupational contingencies.
- No minimum contribution period will be required to be entitled to the temporary incapacity benefit.
- The economic benefit will be paid as of the day following the sick leave, and the employer will be responsible for the full salary corresponding to the day of the sick leave.
- Sick leave from the 39th week of pregnancy
- Situation in which a pregnant woman will be as of the first day of the 39th week of pregnancy. The following minimum contribution periods are required (the same as those required to receive childbirth and childcare benefit):
- Under 21 years: no minimum contribution period will be required.
- From 21 years to 26 years: proof of 180 contribution days prior to the date of the causal event.
- From 26 years onwards: proof of 360 contribution days during the working life, prior to the date of the causal event.
- The economic benefit will be paid as of the day following the day of the sick leave, whereas the employer will be responsible for the full salary corresponding to the day of the sick leave, and will end on the day of the birth (unless the employee had previously started a situation of risk during pregnancy).
- Situation in which a pregnant woman will be as of the first day of the 39th week of pregnancy. The following minimum contribution periods are required (the same as those required to receive childbirth and childcare benefit):
If you have any questions on this or any other issue, please do not hesitate to contact us.
