Spain sick leave changes December 2026: Royal Decree-law 31/2026, published in the BOE on 21 October, changes from 1 December 2026 the articles of the General Social Security Law (LGSS) on temporary incapacity (sick leave), but Congress still has to validate it. The 365-day maximum and the 180 days of contributions for common illness stay in the text. What is new are two special situations for women: a menopausal disorder and injuries from gender violence (caused by a husband, partner or ex-partner).
What changes for you today
Nothing yet, except for the self-employed (Article 318, below). The sick leave articles start on 1 December 2026 and the decree is still pending convalidation (validation by Congress). The Social Security sick leave rules are the same for everyone registered in the system, whatever their nationality. To be registered you need a Social Security number: see how to get a Social Security number as a foreigner. If you are self-employed on the flat rate, see flat rate for the self-employed 2026.
What happened
A royal decree-law is a rule with the force of law that the Government passes by urgency, without going through Parliament first. Royal Decree-law 31/2026 is dated 20 October and was published in BOE number 261 of 21 October. Its title is "for the improvement of the protective action of Social Security and other social rules".
Because parliament is dissolved and elections are on 29 November 2026 (Royal Decree 806/2026), the Congress Standing Committee (Diputación Permanente) must validate or repeal it within 30 days of its promulgation (Article 86.2 of the Constitution). As of 23 October 2026 validation is still pending.
The decree also brings other measures (widow's pension for unmarried couples, a benefit for children with cancer, the maintenance guarantee fund). This article covers only sick leave.
How it works now
- Duration: sick leave can last up to 365 days, plus 180 if a medical discharge for cure is expected.
- Common illness: 180 days of contributions in the last 5 years are needed (Article 172). The benefit is paid from day 4 and the employer pays days 4 to 15 (Article 173.1).
- Special situations: Article 169.1.a) already lists three: incapacitating secondary menstruation or interruption of pregnancy, pregnancy from week 39, and organ or tissue donation.
What would change
From 1 December 2026, if the decree is validated:
- Two new special situations (Article 169.1.a): the fourth is a woman with a condition that stops her working because of a secondary menopausal disorder, which the public health service doctor identifies with a specific code. The fifth is a woman with injuries caused by the man who is or was her spouse or partner, while she receives care and cannot work.
- How the fifth is proved: with one of these documents, issued before the medical discharge: an official health document reporting the case to the public prosecutor or the court, a protection order, a decision with a precautionary measure, a public prosecutor's report finding signs of gender violence, or a conviction. It must state the link between the injuries and the violence.
- No minimum period (Article 172): for common illness 180 days of contributions are needed; for these two situations the text requires no minimum period.
- Amount (Article 171): the same as sick leave for common illness.
- Who pays and from when (Article 173.1): the managing or collaborating body (the INSS or the mutua), from the day after the sick leave starts. The employer pays only the salary for that first day. For common illness the benefit starts on day 4. This rule covers all five special situations; today, for incapacitating menstruation and organ donation, the INSS or the mutua pays from the first day of sick leave.
- Contributions (Article 144.4): contributions continue during sick leave, whatever the cause, including these special situations.
- Self-employed (Article 318), different date: the decree adds a letter h) to Article 318 on sick leave for the self-employed and how their base is calculated. This letter has no date of its own in the decree, so it has applied since 21 October 2026, without waiting for December. If you are self-employed, ask the INSS or your mutua how your sick leave is calculated.
What stays in the text: the 365-day maximum plus 180 and the 180 days of contributions in 5 years for common illness.
What happens next
- The Congress Standing Committee must vote within 30 days of promulgation (20 October). The decree has been in force since 21 October, but it is provisional: if the Standing Committee does not validate it within that period, it is repealed and the December changes will never apply.
- If it is validated, the sick leave articles apply from 1 December 2026. The first transitional provision says the new rules for special situations apply to sick leave started from their entry into force.
What you can do
- If your sick leave continues in December, ask the INSS or your mutua which rules apply to your case.
- If you are in one of the two new situations, do not change anything on your own before the decree is validated: talk to your doctor and the INSS.
- For your specific case, check with a professional.
Official source: BOE-A-2026-21872 (Royal Decree-law 31/2026).
Informational only; check the official source and a professional for your specific case.