Is 100% of the salary charged while you are low due to common illness?

In Spain, common illness are all those ailments that are not related to work. These can range from a cold to genetic, congenital or hereditary diseases, that is, all those that are within the catalog of common diseases.

Now, common disease and low work are compatible? Yes, since there is temporary disability due to common contingencies. This occurs when a working person suffers from a disease not related to their employment, can receive the medical leave and, as long as it lasts, perceive a subsidy that compensates for the loss of income.

In this situation it is not necessary to have had an accident at work or a professional injury. For example, a worker who has to operate from appendicitis would need to be low due to common illness, without being related to work. That is why it is called “common illness”

The decline in these cases is possible and entitles to a benefit during recovery time, with the corresponding medical part.

How much is it charged due to common illness?

There is no fixed or unique amount for all working people. This benefit is calculated based on the regulatory base, which is based on the contribution bases of each worker, already that base applies a percentage depending on the days of low. Thus, it would be generally:

• The first three days nothing is charged (unless there is an improvement in the agreement).
• From day 4 to 20, 60 % of the regulatory base is charged.
• From the 21st onwards, the percentage of the benefit increases and 75 % of the regulatory base will be charged.

Now, this is the general norm that regulates social security, which means that a collective agreement can improve it and make it come to charge up to 100% of the regulatory base.

The provision for temporary disability is assumed by the company and another social security. Specifically, from day 4 to day 15, it corresponds to the company to pay it through what is known as “delegated payment”, that is, that the employer advances the money and then this is discounted from the contributions that must enter social security. As of the 16th, the payment will correspond to the Social Security or the Mutual Collaborator who has the contingency (depends on the case).

What is the regulatory base in a low low disease?

It is the reference figure on which the percentages of temporary disability apply. It is not your net salary or your gross salary, although it is calculated from what you quote. This is the way to calculate it:

• If you charge the salary monthly, your contribution base for common contingencies of the previous month is taken and divided by 30.
• If the salary is charged for days (daily salary), the base of the previous month is taken and divided by the real quoted days of that month: 28, 29, 30 or 31.

To understand it in a simple way: Regulatory base = contribution base of the previous month ÷ days to which that price corresponds.

Now, within this salary, salary concepts must be included that are part of the contribution base, normally with the pro rata of extra payments. This does not include overtime (since they are quoted on an additional base) or exempt extracelial diets and perceptions.

To understand how a regulatory base is calculated according to the law, you can consult the Article 3 of Royal Decree 625/2014which regulates the management of temporary disability processes.

An example to understand it, if your common contingency contribution base in August was 1,800 euros, your daily regulatory base will be 1,800 ÷ 30 = 60 euros. In the event that the salary was daily, if in July your base was 1,860 euros and worked 31 days, your daily regulatory base in August will be 1,860 ÷ 31 = 60 euros.

With this regulatory base, the legal percentages of the decline (60% from day 4 to 20 and 75% from 21, except improvements from the agreement) are applied.

Why are the first 3 days off?

The regulations establish an initial period without benefit. Therefore, the first three days of leave due to common illness are not charged. From the fourth day a percentage is applied on the regulatory basis that increases if the decline is prolonged, unless the collective agreement improves these minimums.

What is the reason? Logic says that this rule is to discourage very short absences when there is no severe ailment and reduce the administrative costs of short -term processes. That is, economic protection is reserved for cases in which incapacity is maintained over time and requires more intense coverage.

Although during those first three days nothing is charged, the absence must be justified with a low part from the first day, since without that part, the absence can be considered unjustified. We must also know that, since 2023, communication is telematics and the doctor sends the information to social security and the company, so it is no longer necessary to deliver the paper document, but to obtain the medical leave.

But, there are exceptions. Many collective agreements or company agreements complement the benefit from day one, totally or partially, so that those initial days are charged in practice. There may also be particularities in certain regimes or sectors that improve coverage.

Is 100% charged being low due to common illness?

As a general rule. In the casualties due to common illness, lower percentages are applied on the regulatory base and only in certain cases can be reached 100%. This occurs, for example, when the collective agreement or the contract provides for a complement that covers the difference to the full salary, or if the working person has an insurance that improves the benefit.

In the case of accidents at work (Low due to occupational disease), in addition, there may be surcharges or compensation for safety breaches that increase protection, although they do not transform the provision due to common illness by 100% unless the agreement complements it.

Is it possible to collect more being withdrawal?

Yes, it can happen and it is completely legal. This situation occurs when the contribution base (on which the regulatory base is calculated) is higher than the salary perceived every month. In addition, if there are prorated quotable concepts (for example, you pay extra payments) that raise the base, so the amount of temporal disability may be greater than the usual payroll. In addition, some agreements force the company to complement the benefit, which increases the total to be received during the decline.

The importance of the collective agreement

The collective agreement we are working for can improve both coverage and benefit while we are on a medical leave. For example, you can set a complement from the first day or from a certain date to reach a higher percentage, even 100% of the salary.

These improvements are not mandatory, unless you are expressly reflected in the collective agreement or in each worker’s contract. That is why it is very important to always review the collective agreement.

How is it quoted during a medical leave

During a medical leave due to common illness, it continues to quote, since it is the company that must continue to quote social security. Moreover, when the payment of the benefit becomes dependent on social security or muta, it must continue to take charge, as regulated by the Article 144 of the General Social Security Law.

How much is charged in case of loss by accident at work or occupational disease?

When the disability has its origin in a work event (a fall in the position, a cut with a tool, a burn or a pathology derived from the activity) economic protection is more favorable than in common contingencies. In these cases, the day of the decline is paid by the company as a salary and, from the next day the benefit will be 75% of the regulatory base (unless a collective agreement indicates a higher amount) and the payment is in charge of social security or mutual while the situation of inability is maintained.