Sick Leave in Spain for Expats: The Justificante System Explained

Getting sick in a new country is stressful enough without the added confusion of unfamiliar workplace rules. Spain has a structured system for sick leave that differs significantly from many Anglophone countries. This guide explains how it works so you are not caught off guard the first time you need a day off.

Last reviewed on February 15, 2026. Labor regulations and social security rules can change. Check with your employer's HR department or a labor lawyer for your specific situation.

Clear promise

By the end of this guide you will know when you need a medical note (justificante), how to get one, what it means for your pay, and what rights you have as an employee in Spain.

Quick reality check

This guide is most relevant if:

• You are employed under a Spanish labor contract (contrato laboral) with social security contributions.
• You work for a Spanish company or through an entity registered in Spain.

This guide is less relevant if:

• You are a freelancer (autónomo) — you have similar rights but the process differs slightly.
• You are working remotely for a foreign employer without a Spanish entity — your sick leave rights depend on your employment contract and home country rules.

The basics: how sick leave works in Spain

Spain distinguishes between two types of medical absence:

Short absence (1–3 days)

For a brief illness like a cold or stomach bug, many employers accept a simple justificante de asistencia — a note from your doctor confirming you visited the clinic. This is not the same as a formal sick leave certificate.

Your company's convenio colectivo (collective labor agreement) or internal policy determines whether you need a note for one or two days. Some employers are relaxed about it; others require documentation from day one.

Formal sick leave — the "baja médica"

If you are too ill to work for more than three days, you need an official parte de baja (sick leave certificate) issued by your doctor. This document goes to your employer and to Social Security (INSS). It triggers a formal process:

1. Your doctor issues the parte de baja. This is done at your centro de salud (public health center) or by a mutual society doctor (mutua) if your company uses one.
2. You give the confirmation to your employer within three days.
3. Your doctor issues follow-up reports (partes de confirmación) at intervals set by the expected recovery time.
4. When you recover, your doctor issues the parte de alta (discharge certificate), and you return to work.

How pay works during sick leave

This is where most expats are surprised. Spanish sick leave pay is not 100% from day one:

| Period | Who pays | Amount | |--------|----------|--------| | Days 1–3 | Nobody (unless your convenio says otherwise) | €0 | | Days 4–15 | Your employer | 60% of your regulatory base | | Days 16–20 | Social Security (INSS) | 60% of your regulatory base | | Day 21 onward | Social Security (INSS) | 75% of your regulatory base |

Important nuances:

• Many convenios colectivos (sector-level agreements) improve on these minimums. Some guarantee 100% pay from day one. Check your specific convenio — your HR department or the sindicato (union) can tell you which one applies.
• The "regulatory base" (base reguladora) is calculated from your social security contribution base, not necessarily your gross salary.
• Your employer may voluntarily top up your pay to 100% as a company benefit. This is common in multinationals and tech companies but not universal.

How to get a justificante or baja

At your centro de salud (public healthcare)

1. Call or visit your assigned centro de salud first thing in the morning. Many centers allow same-day phone consultations for minor illness.
2. Explain your symptoms. The doctor will decide whether to issue a justificante de asistencia (for a short absence) or a parte de baja (for formal sick leave).
3. Ask specifically for what you need. If your employer requires a note for a single sick day, say: "Necesito un justificante para mi empresa" (I need a note for my employer).
4. Collect the document. Justificantes are usually handed to you immediately. The parte de baja is now processed digitally — your employer receives it through the INSS system, but ask for a printed copy for your records.

Through your company's mutua

Some employers assign a mutua de accidentes de trabajo (occupational mutual society) for work-related injuries and, in some cases, for common illness too. If your company uses a mutua, they may direct you there instead of the public system. The process is similar, but appointments may be faster.

Through private healthcare

A private doctor can issue a justificante de asistencia, but they cannot issue a parte de baja. Only public health system doctors or mutua doctors can issue the official sick leave certificate that activates Social Security benefits. If you rely on private healthcare, you will still need to visit your centro de salud for formal sick leave.

What your employer can and cannot do

Your employer can:

• Ask for a justificante for any absence, even a single day (if company policy or the convenio requires it).
• Request that the mutua review your case if they suspect abuse.
• Contact you to ask about your expected return date.

Your employer cannot:

• Fire you for being on legitimate sick leave (this would be an improcedente dismissal and subject to compensation).
• Demand you work while on baja.
• Access your medical details — they only receive confirmation that you are on leave, not your diagnosis.
• Deny you the right to sick leave if a doctor has certified it.

Workplace culture: what expats should know

Spanish workplace culture around illness tends to be more understanding than in some countries, but expectations vary:

• In large companies and multinationals, taking a sick day with a justificante is straightforward and rarely questioned.
• In smaller businesses, there can be informal pressure to come in unless you are seriously ill. This is not legal, but it happens.
• The "short absence" gap (days 1–3 with no pay) creates a financial incentive to either push through minor illness or get a baja for anything lasting more than a day or two. Many convenios close this gap, so check yours.
• August and holiday periods see more scrutiny of sick leave, as some employers are suspicious of absences around vacation time.

Special cases

Workplace accidents (accidente laboral)

If you are injured at work or during your commute, the process is different. You go through the mutua, not the public system, and you receive 75% of your base from day one. Report the injury to your employer immediately.

Pregnancy-related illness

Illness during pregnancy follows the standard sick leave process, but is treated with extra legal protection. You cannot be fired during pregnancy-related leave.

Mental health

Anxiety, depression, and burnout are valid reasons for a baja médica in Spain. Your doctor at the centro de salud can issue sick leave for mental health conditions. There is no separate process — it works exactly like physical illness.

Common mistakes and how to avoid them

• Not registering at a centro de salud. You need a tarjeta sanitaria (health card) to access public healthcare. If you have not registered, you cannot get an official baja. Do this as soon as you start working.
• Relying only on private insurance. Private doctors cannot issue the official sick leave certificate. Always maintain your public healthcare registration.
• Not checking your convenio colectivo. The statutory minimums are just the floor. Your sector agreement likely provides better conditions.
• Waiting too long to see a doctor. If you call in sick on Monday but do not visit the doctor until Wednesday, your employer may not accept the absence for the uncovered days.
• Not keeping copies. Save every justificante and baja document. Digital records from the INSS portal are helpful, but keep physical copies too.

Action plan: what to do this week

1. Confirm you are registered at your local centro de salud and have a tarjeta sanitaria. If not, follow our registration guide.
2. Ask HR which convenio colectivo applies to your contract and read the sick leave section. Many are available online at the BOE (Boletín Oficial del Estado).
3. Save your centro de salud's phone number in your contacts. When you are ill, you will want to call first thing rather than searching for it.
4. If you are a freelancer (autónomo), check your coverage level — the process is similar but benefits start on day four, paid by your mutua.

Related guides

• How to Register at Your Local Centro de Salud
• Public Healthcare Eligibility by Residency Type
• How to Get Your Regional Health Card (TSI/SIP)
• Temporary vs Indefinite Contracts in Spain