Special Situations of Temporary Disability (IT) of Common Contingency
Certain situations of temporary disability, even when considered a common contingency, present specific characteristics regarding the origin of the right, economic amount and responsibility for payment of the benefit, which are more beneficial for workers.
For this reason, Social Security regulations establish a differentiated regime for these situations, which are detailed below.
Secondary disabling menstruation
Secondary disabling menstruation is a special situation of legally recognized temporary disability, which allows access to financial benefits from the same day of medical leave, without requiring a waiting period.
Applicable regulations
Organic Law 1/2023, of February 28, on sexual and reproductive health and voluntary interruption of pregnancy.
Royal Legislative Decree 8/2015, of October 30 (TRLGSS).
Concept | Applicable regime |
| Possibility of relapse | No |
| Contingency | Common |
| Need for waiting period | No |
| Birth of the benefit | From the medical leave day |
| Duration | Until medical discharge |
| Amount | From the 1st to the 20th day: 60% BR. From the 21st: 75% BR |
| Mutual payment responsibility | From day one:INSS or Mutual |
Termination of pregnancy
Temporary disability resulting from the interruption of pregnancy, whether voluntary or not, It has a specific regime that guarantees financial protection from the day following medical leave.
Applicable regulations
Organic Law 1/2023, of February 28, on sexual and reproductive health and voluntary interruption of pregnancy.
Royal Legislative Decree 8/2015, of October 30 (TRLGSS).
Concept | Applicable regime |
| Possibility of relapse | Yeah |
| Contingency | Common / Professional (if it occurs as a result of an AT or EP) |
| Need for waiting period | No |
| Birth of the benefit | From the day after the discharge |
| Duration | Until medical discharge |
| Amount | From the 2nd to the 20th day: 60% BR. From the 21st: 75% BR |
| Payment Responsibility | From 2nd day:INSS or Mutual |
Pregnancy of the working woman from the first day of the 39th week
This special situation allows you to anticipate protection for temporary disability in the final phase of pregnancy, guaranteeing financial coverage from the 39th week until the moment of delivery.
Applicable regulations
Organic Law 1/2023, of February 28, on sexual and reproductive health and voluntary interruption of pregnancy.
Royal Legislative Decree 8/2015, of October 30 (TRLGSS).
Concept | Applicable regime |
| Possibility of relapse | Yeah |
| Contingency | Common |
| Need for waiting period | Yeah |
| Birth of the benefit | From the day after the discharge |
| Duration | Until medical discharge.(Day before birth or loss of the fetus). |
| Amount | From the 2nd to the 20th day: 60% BR. From the 21st: 75% BR |
| Payment Responsibility | From 2nd day:INSS or Mutual |
Living donation of organs or tissues for transplantation
Living donation of organs or tissues is the most recent of the special IT situations that generates new specific protection for workers, which guarantees full financial coverage of the donor throughout the clinical process.
Applicable regulations
Law 6/2024, of December 20, to improve the protection of live donors of organs or tissues for subsequent transplantation.
Royal Legislative Decree 8/2015, of October 30 (TRLGSS).
Concept | Applicable regime |
| Possibility of relapse | Yeah |
| Contingency | Common |
| Grace period | No |
| Birth of the benefit | From the medical leave day |
| Duration | Until medical discharge |
| Amount | From the 1st day: 100% of the regulatory base |
| Payment Responsibility | From day one:INSS or Mutual |
