Sick Leave Application Spain (Parte de Baja Médica)

A Sick Leave Application Spain (Parte de Baja Médica por Incapacidad Temporal) is the formal medical and administrative document that initiates the temporary incapacity (incapacidad temporal — IT) process in Spain, through which an employee or self-employed worker who is temporarily unable to work due to illness or injury accesses the subsidio de incapacidad temporal — the income replacement benefit paid during the sick leave period. The process is governed by Article 169 of Real Decreto Legislativo 8/2015, de 30 de octubre, de la Ley General de la Seguridad Social (LGSS), and the implementing Real Decreto 625/2014, de 18 de julio, which regulates the content and management of partes de baja, confirmación, and alta médica.

The parte de baja médica (sick leave certificate) is issued by a physician of the Servicio Público de Salud (the public health system — SNS) or by a physician of the Mutua Colaboradora with the Social Security, depending on whether the incapacity is due to common illness (enfermedad común), non-occupational accident (accidente no laboral), occupational illness (enfermedad profesional), or work accident (accidente de trabajo). Common illness and non-occupational accident IT is managed through the SNS or Mutua (at the employer's option for contingencias comunes); occupational illness and work accident IT is managed exclusively by the Mutua or, in some cases, the Seguridad Social's own management entities.

Under the reform introduced by Real Decreto 625/2014 and subsequent administrative instructions from the INSS, the duration of sick leave determines the intervals between medical confirmation visits (partes de confirmación). For sick leaves expected to last fewer than 5 calendar days: the doctor issues both the baja and the alta at the first visit. For 5 to 30 days: the first confirmation is at 7 days from the baja. For 31 to 60 days: confirmations every 14 days. For sick leaves expected to exceed 61 days: confirmations every 28 days. The maximum duration of temporary incapacity under LGSS Article 169 is 365 days, extendable to 545 days in total when there is a prospect of recovery, after which the INSS determines whether to grant permanent disability (incapacidad permanente) or return to work.

The subsidio de incapacidad temporal for employed workers (trabajadores por cuenta ajena) under LGSS Articles 172 and 173 is: zero for days 1 to 3 (the employer is not required to pay for the first three days under the general regime, though many convenios colectivos supplement this); 60% of the regulatory base (base reguladora) from day 4 to day 20, paid by the employer from day 4 to day 15 and by the INSS (or Mutua) from day 16; and 75% of the base reguladora from day 21 onwards, paid by the INSS or Mutua. The base reguladora is the worker's gross monthly salary (including proportional extra payments) divided by 30.

For autónomos (self-employed workers in the RETA), the subsidio de incapacidad temporal is paid from day 4 of sick leave at 60% of the contribution base up to day 20, and at 75% from day 21. For work accidents or occupational illness, the subsidio is paid from day 1 at 75% of the base reguladora. The Mutua Colaboradora or the INSS directly pays the autónomo — the employer payment mechanism does not apply. The autónomo must continue paying RETA contributions during IT periods unless the sick leave exceeds 60 days, after which the contribution obligation is suspended under Article 308.3 LGSS.

A Sick Leave Application Spain under LGSS Article 169 is needed whenever an employee or self-employed worker in Spain is temporarily unable to work due to illness or injury and wishes to access the subsidio de incapacidad temporal income replacement benefit from the Social Security system.

The application is needed when an employee develops a common illness (enfermedad común) — such as influenza, gastroenteritis, a musculoskeletal condition, or mental health crisis — that prevents them from attending work, and they need the official parte de baja to initiate the IT process and justify their absence to their employer under Article 20.4 of the Estatuto de los Trabajadores.

The application is required when a worker suffers a non-occupational accident (accidente no laboral) — such as a fall at home, a road traffic accident during personal travel, or a sports injury — that causes temporary work incapacity, triggering the IT benefit under LGSS Article 169.1.a.

The application is needed when an employee develops a recognised occupational illness (enfermedad profesional) listed in the Cuadro de Enfermedades Profesionales approved by Real Decreto 1299/2006 — conditions such as work-related hearing loss, repetitive strain injuries, or asthma caused by occupational exposure to specific agents — which triggers IT managed exclusively through the Mutua Colaboradora with enhanced benefit rates from day 1.

The application is required when a worker suffers a work accident (accidente de trabajo) as defined in LGSS Article 156 — an injury or death occurring as a result of or in connection with work — which activates the work accident IT benefit at 75% of the base reguladora from day 1, paid by the Mutua Colaboradora regardless of the worker's prior contribution record.

The application is needed when an autónomo registered in the RETA becomes ill or injured and needs to access the IT benefit to maintain some income during the period of incapacity, subject to having contributed to the IT contingency protection (which has been compulsory for all autónomos since 2018 under Ley 6/2017).

The application is required when a pregnant employee experiencing pregnancy-related complications requires a sick leave certificate before the maternity leave (baja por maternidad) period begins — complications during pregnancy (riesgo durante el embarazo) may trigger a separate protective suspension under LGSS Article 186, but standard pregnancy-related illness before the maternity leave period is processed as ordinary IT.

A valid Sick Leave Application Spain under LGSS Article 169 and Real Decreto 625/2014 involves the following essential elements and obligations for the worker, employer, and medical practitioner.

Medical Assessment and Parte de Baja: The process begins with the worker attending their assigned primary care physician (médico de cabecera) in the Servicio Público de Salud (SNS) or, for contingencias profesionales, the Mutua Colaboradora's medical service. The physician issues the parte de baja médica (official sick leave certificate) using the standardised electronic form — since 2015, partes de baja are issued electronically by the physician and transmitted directly to the INSS and employer's Social Security account (Sistema RED), eliminating the previous paper system under Real Decreto 625/2014.

Worker's Notification Obligation: The employee must notify their employer of the sick leave as soon as practicable — typically on the first day of absence or as soon as medically possible. The employer is notified electronically through the INSS/Sistema RED system when the physician transmits the parte de baja. The employee should also separately inform their direct line manager or HR department in accordance with their employment contract and applicable convenio colectivo provisions on absence notification.

Expected Duration Category: The physician must classify the expected duration of the incapacity when issuing the parte de baja — this determines the interval between confirmation visits (partes de confirmación) under Real Decreto 625/2014: less than 5 days (baja y alta simultánea), 5–30 days (first confirmation at 7 days), 31–60 days (confirmations every 14 days), over 61 days (confirmations every 28 days).

Diagnosis and ICD Code: The parte de baja must include the diagnostic code (código de diagnóstico) in the CIE-10 (Clasificación Internacional de Enfermedades, 10th revision) system and a description of the condition causing the incapacity. The diagnosis information is managed confidentially — the employer receives only the administrative information (start date, expected duration category, confirmation dates) and not the medical diagnosis, in accordance with the worker's right to medical confidentiality under Ley 41/2002, de 14 de noviembre, Básica Reguladora de la Autonomía del Paciente.

Employer Payment Obligation: For employed workers, the employer must pay the subsidio de incapacidad temporal as a salary payment from day 4 to day 15 of sick leave (for common illness and non-occupational accident), deducting the corresponding INSS/Mutua reimbursement from their social security contribution settlements (liquidaciones de cuotas) through the Sistema RED. From day 16, the INSS or Mutua pays directly or through the employer (pago delegado) depending on the management entity.

Medical Review and Return to Work: The sick leave continues until the physician issues the parte de alta médica (return-to-work certificate), which must be issued no later than the scheduled confirmation visit. The employer may request the INSS to carry out a medical examination of the worker under LGSS Article 170.2 if the employer has grounds to question the medical justification for the continued IT. The INSS medical inspector can issue an alta médica overriding the worker's treating physician in cases of disputed incapacity.

Forms-legal.com provides this Sick Leave Application Spain template to help workers and employers understand the IT process under LGSS Article 169. Since partes de baja are electronically issued by licensed physicians and transmitted directly through the INSS system, this template serves primarily as an information and internal notification tool rather than as a substitute for the official medical document.

Under Real Decreto Legislativo 8/2015 LGSS, the Instituto Nacional de la Seguridad Social (INSS) manages the IT benefit for employed workers and autónomos. Mutuas Colaboradoras con la Seguridad Social manage occupational contingencies and, optionally, common contingencies. The Inspección Médica del Servicio Público de Salud supervises sick leave duration. The Inspección de Trabajo y Seguridad Social (ITSS) investigates fraudulent IT claims. The Juzgados de lo Social hear disputes regarding IT benefit entitlement under Ley 36/2011.

Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011).