The law on sexual and reproductive health and pregnancy termination, of 1 February 2023, came into force on 2 March 2023. The law sets out three instances in which sick leave may be taken. The new provisions will come into effect from 1 June 2023.
Paid menstrual leave
The new law contains a provision which creates unpaid sick leave due to menstrual pain. The employer must continue to pay Social Security contributions. Sickness benefit is paid to the employee by the Spanish Social Security from the first day of sick leave. A medical certificate is required stating that the employee has a menstrual disorder and that she is unable to work as a result.
Special sick leave due to voluntary or involuntary pregnancy termination
The termination of a pregnancy (voluntary or not), which leads to the employee being unable to work, will be considered sickness unrelated to work, unless the termination is due to an accident at work or occupational disease. The employer must pay full salary for the first day of sickness absence and from the following day sickness benefit will be paid by Social Security.
Special sick leave due to ill-health from the first day of the 39th week of pregnancy
There will be a new pre-birth leave from the 39th week of pregnancy, which can be taken in addition to maternity leave, provided the employee was not previously on sick leave due to risks related to pregnancy. The employer must pay the full salary for the first day of sickness absence and from the following day sickness benefit will be paid by Social Security.
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