When the worker of a company falls ill or suffers an accident, they have the right to continue receiving payment even if they do not go to work, as long as they comply with a series of requirements that are often easy to fulfill.
Social Security explains on its website that in these situations workers can collect the temporary disability benefit , which is defined as “the daily allowance that covers the loss of income of the worker caused by common illness or non-occupational accident, occupational disease or work accident and observation periods for occupational disease “.
All workers of the different Social Security regimes can collect this benefit, although as long as they are registered (or similar situation) and that they prove 180 days of contributions from the last five years in cases of common illness. If the leave comes from an accident, work-related or not, or from occupational disease, no prior quote is required.
The amount of this benefit also depends on the origin of the withdrawal, in such a way that:
-If it is due to common illness or non-occupational accident , the amount will be 60% of the regulatory base from the fourth to the twentieth day, and 75% from the 21st.
-If it is due to professional illness or work accident , the amount is 75% of the regulatory base from the start of the leave.
However, it is possible that workers’ collective agreements include clauses that extend the protection of workers in these situations of temporary disability.
As indicated by the Social Security, “in general” the payment of this benefit is made by the company as a delegated payment and a periodicity similar to that of wages, although in cases of common illness and non-occupational accident, from the 16th of low this payment corresponds to the Social Security itself or to the mutual.
The temporary disability benefit is not indefinite (for those cases there is permanent disability), but the regulation contemplates a period of up to one year that can be extended for another half year to be able to receive it . In the latter case, obvious reasons for improvement must be proven.
Do you contribute to Social Security while you are on leave?
Social Security is forceful: it is always listed, unless the end of an employment relationship is reached. On its website , the agency informs that this obligation to contribute “subsists in situations of temporary disability, risk during pregnancy, risk during breastfeeding, enjoyment of rest periods for maternity and paternity, or trial periods of the worker”.
