When an illness or an accident temporarily prevents someone from working, the temporary disability benefit kicks in, commonly known as being "on sick leave." How it works combines different percentages and different payers depending on the stage of the leave, which often causes confusion about how much is actually paid.
Common contingency vs. occupational contingency
The cause of the leave determines which regime applies:
- Common contingency: a common illness or an accident unrelated to work.
- Occupational contingency: a workplace accident or occupational illness, directly related to the job.
This distinction matters because it affects both the percentage of the benefit and from which day payment begins.
Who pays for each stretch of leave due to common contingency
| Period | Percentage of the regulatory base | Who pays it |
|---|---|---|
| Day 1 to 3 | No benefit (unless improved by collective agreement) | No one, unless the company voluntarily improves this |
| Day 4 to 15 | 60% of the regulatory base | The company (directly) |
| Day 16 to 20 | 60% of the regulatory base | Social Security (or the mutual insurance provider), though payment is usually still managed by the company through the delegated payment system |
| From day 21 onward | 75% of the regulatory base | Social Security (or the mutual insurance provider) |
Many collective agreements improve on these legal minimums, topping up the percentage to 100% of salary for certain periods, so it's always worth checking your specific collective agreement.
Differences if the leave is due to an occupational contingency
In the case of a workplace accident or occupational illness, the benefit is more favorable from the start: it's paid from the day after the leave begins (without the initial days with no benefit), at 75% of the regulatory base from the first day of entitlement, without the initial stretch reduced to 60% that does exist under common contingency.
How the regulatory base is calculated
Generally, the regulatory base for temporary disability due to common contingency matches the contribution base for common contingencies from the month before the leave began, divided by the days in that month, although specific rules exist for certain cases (for example, if there have been recent changes in salary).
How long sick leave can last
The standard maximum duration of temporary disability is 365 days, extendable by another 180 days if recovery or medical discharge is expected within that extended period. Once that maximum period has passed, the situation must be resolved through medical discharge, a proposal for permanent disability, or other specifically regulated routes.
If your leave ends in a dismissal
If your employment ends while you're on leave or shortly afterward, it's worth carefully reviewing your severance settlement, which must correctly coordinate the outstanding items with the temporary disability situation. Our severance pay calculator helps you estimate the amounts you should be entitled to.