Menopause and gender-based violence sick leave in Spain: no prior contributions from 1 December 2026

Real Decreto-ley 31/2026 amends article 169.1.a) of the Ley General de la Seguridad Social (General Social Security Act) and adds two special situations of temporary incapacity for non-occupational illness. The first covers women with a limiting secondary menopausal disorder, coded as such, while they receive care from the public health service and are unable to work.

The second covers women injured by a man who is or was their spouse or partner, even without cohabitation, while they receive medical care and are unable to work. Both join the special situations that already existed: secondary incapacitating menstruation, termination of pregnancy, pregnancy from week 39 and organ or tissue donation.

For ordinary illness, sick pay starts on the fourth day and requires 180 days of contributions in the previous five years. The new special situations require no minimum contribution period (new article 172 of the General Social Security Act).

The benefit is paid by the INSS (Spain's Social Security benefits agency) or the mutua (the employer's collaborating insurer) from the day after leave starts, and the employer pays the full salary for the first day (new article 173.1). The amount is the same as ordinary illness sick pay, and contributions continue to be paid during the leave (article 144.4).

Before the medical discharge, one of these documents must exist: official health service notifications to the public prosecutor or the court, a protection order, a decision granting an interim measure, a public prosecutor's report finding signs of gender-based violence, or a criminal conviction.

Those documents must expressly state the causal link between the injury behind the leave and the act of violence. The public health service doctor records the situation using the relevant code.

The rule applies to employees in the Régimen General (the general social security scheme) and extends these situations to the special scheme for seafarers and to the civil service, armed forces and justice administration schemes. According to Autónomos y Emprendedor, self-employed women (autónomas) will also be able to use them from December.

The royal decree-law came into force on 21 October 2026, but this sick leave takes effect on 1 December 2026. Its first transitional provision applies it to temporary incapacity cases starting after its entry into force.

From 23 October 2026, the CUME benefit (for parents caring for children with cancer or another serious illness) also covers intensive medical treatment without hospital admission. It can also be extended beyond the child's 26th birthday if the child has a disability of 65 % or more or grade III dependency, provided the child still lives with the parent receiving it and still needs direct, continuous and permanent care.

Both parents can receive CUME at the same time or alternately, and article 37.6 of the Estatuto de los Trabajadores (Workers' Statute) is adapted accordingly. The amendment to article 309 of the General Social Security Act, on contribution bases for the self-employed, takes effect on 1 January 2027.