Spain introduces new paid sick leave rules for menopause-related conditions

Women working in Spain who suffer from certain debilitating menopause-related conditions will soon be entitled to enhanced sick leave protection, with payments starting from the day after they stop working and no minimum contribution period required. The changes form part of a new Social Security reform published on Wednesday, October 21, and will take effect on December 1, 2026.

The measure is intended to support women whose menopause-related health conditions prevent them from carrying out their jobs. Unlike ordinary sick leave for common illnesses, which generally requires a minimum contribution history and does not provide statutory payments for the first three days, the new arrangement offers financial protection from the beginning of a medically certified absence.

However, the reform does not introduce automatic paid leave for every woman experiencing menopause. Eligibility depends on a qualifying medical condition, an inability to work and the relevant Social Security requirements.

The change is included in Royal Decree-law 31/2026, published in Spain’s Official State Gazette, alongside other measures expanding protection for families and workers.

Who qualifies for Spain’s new menopause-related sick leave?

The new provision recognises a specific category of temporary incapacity, known in Spanish as incapacidad temporal, for women affected by a medically recognised, limiting condition associated with a secondary menopausal disorder.

Under the legislation, the condition must be sufficiently serious to prevent the woman from performing her work, and she must be receiving medical care through Spain’s public health service.

The legislation refers specifically to a qualifying condition identified through the appropriate medical coding. This distinction matters because menopause itself is a natural stage of life and does not automatically establish an entitlement to sick leave.Women experiencing symptoms that interfere with their work will therefore need a medical assessment to determine whether their condition meets the requirements for the new category.

The measure is designed to address circumstances in which menopause-related health problems have a substantial impact on a woman’s ability to continue working. The reform comes as women in Spain continue to face difficulties accessing some menopause treatments, following shortages of several hormone replacement therapies.

The legislation also introduces a separate special sick leave category for women whose injuries resulting from gender-based violence prevent them from working. Both changes form part of a wider reform of Spain’s temporary incapacity system.

According to the Spanish government’s announcement on October 20, the aim is to provide more appropriate protection in circumstances where existing sick leave arrangements may not adequately reflect particular health and social situations.

How much will workers receive during sick leave?

One of the most significant changes concerns when payments begin.

Under the ordinary rules for sick leave caused by a common illness, statutory benefits generally begin on the fourth day of absence. Sick leave has become an increasingly significant issue for Spain’s Social Security system, with its financial cost and impact on employers attracting growing attention.  Workers must normally have contributed to Social Security for at least 180 days during the preceding five years to qualify.

For the new special category covering qualifying menopause-related conditions, no minimum contribution period will be required.

The employer will pay the worker’s full salary for the first day of medically certified absence. From the following day, the statutory temporary incapacity benefit will become payable through the responsible Social Security managing or collaborating body.

The amount will be calculated using the worker’s base reguladora, or regulatory base, which is determined according to the applicable Social Security contribution rules.

The government has confirmed the following payment rates:

• 60 per cent of the regulatory base until the twentieth day of sick leave.
• 75 per cent of the regulatory base from the twenty-first day onwards.

These percentages do not necessarily correspond to the same proportion of a worker’s usual take-home pay, because the regulatory base is calculated using contribution information rather than simply the net salary received each month.

For someone with a regulatory base of €1,500 per month, a simplified illustration would be €900 per month at the 60 per cent rate or €1,125 per month at the 75 per cent rate. Actual payments would depend on the duration of the absence, the relevant daily calculation and individual circumstances.

The new arrangement does not mean workers will automatically receive their full salary throughout the absence. Any additional payments would depend on applicable employment agreements or other relevant provisions.

The main improvement is that qualifying workers will no longer have to wait until the fourth day for statutory sick leave payments, nor meet the usual minimum contribution requirement for common illness.

When do the new rules take effect in Spain?

Although Royal Decree-law 31/2026 was published in the Official State Gazette on October 21, the new special temporary incapacity provisions will apply from December 1, 2026 and until the relevant provisions take effect, existing temporary incapacity rules continue to govern cases according to the circumstances involved.

The reform was approved by Spain’s Council of Ministers on Tuesday, October 20. As a decree-law, it is also subject to the parliamentary validation process required under Spanish law.

The government has presented the changes as part of a broader package intended to strengthen Social Security protection, including additional measures concerning family benefits, survivors’ pensions and support for people caring for seriously ill children.

For women who may be affected, the practical starting point is a medical assessment. A qualifying diagnosis and medically certified inability to work will be essential to determining whether the new special category applies.

Workers should also distinguish between the medical justification for taking sick leave and the financial conditions governing the benefit. The reform improves the latter for eligible cases, but it does not remove the need to establish that a medical condition prevents the person from working.

The new rules mark a change in how Spain’s Social Security system recognises certain menopause-related health conditions. From December 1, eligible women will have access to statutory payments from the day after their absence begins, without the usual minimum contribution period required for ordinary sick leave.