Temporary sick leave is not a right at the worker's disposal: it requires a medical prescription and an official certificate. Using it without a genuine reason constitutes fraud and can lead to a fair dismissal.
Temporary sick leave is a benefit that requires a medical prescription and an official certificate. Simply deciding not to go to work is not enough. In Spain, the family doctor or a specialist assesses the situation and issues the certificate if appropriate. Anyone who obtains it without a justified reason is committing fraud.
## What sick leave covers and how much you get paid
During the first days of sick leave for a common illness, the employer covers the payment. From the fourth day onwards, Social Security takes over the benefit, which is usually **60%** of the regulatory base between days **4 and 20**, and **75%** from day **21**. Many collective agreements top up this amount to bring it close to **100%** of the salary. That explains why in some sectors a short sick leave barely affects your pocket.
The maximum duration of temporary incapacity for a common illness is **365 days**, extendable by a further **180** if recovery is expected. It is not an unlimited or discretionary permit.
## Fair dismissal for fraud
Taking sick leave without being ill can be considered fraud. The company can dismiss an employee for poor performance or for feigning illness if it can prove it. Fair dismissal does not entitle the worker to compensation. Anyone who tries it risks losing their job without receiving anything.
## Why some workers see it as an escape route
Working eight hours a day, or pretending to work, is torture for part of the workforce. Some argue that repeated sick leave is the only way to escape the burnout without quitting. That is an opinion, not a right.
The reality is that sick leave is not chosen: it is prescribed. And anyone who uses it without needing it faces legal and employment consequences.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
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