Domestic workers, although they belong to a sector with different peculiarities in the eyes of Social Security, have the right to take leave in case they get sick or have suffered an accident. Of course, they must do it by following some very specific steps.
In its , Social Security has explained that domestic workers who get sick have the right to take sick leave. To do this, they should ask their GP and then make sure they collect the temporary disability benefit.
Domestic employees have the right to collect this benefit, since with the payment of their respective Social Security contributions, coverage is ensured in the event of medical leave due to common illnesses or non-work accidents (known as common contingencies) and in the event of due to occupational diseases and occupational accidents (professional contingencies).
In cases of common contingencies (common illness or non-work accident, the leave will begin to be charged from the fourth day. It is the employer who has to pay the benefit, from the fourth to the eighth day. From the ninth, The National Institute of Social Security will be the one that pays said provision for temporary disability. Of course, if the employer chose a mutual, it will be the one that pays the benefit.
If the disability is due to professional contingencies (professional illness or work accident), the benefit will be paid by the collaborating mutual, which will be paid from the first day.
Be that as it may, the duration of the leave for temporary disability can be up to 365 days, extendable for another 180 “when it is presumed that, during them, the worker can be discharged for recovery”, .
How much does the leave worker earn?
To determine the amount of the provision for temporary disability, two variables must be considered: the regulatory base of the worker or domestic worker and the number of days the leave lasts.
Thus, the employee must know that his regulatory base will be made up of the contribution base for the month prior to the sick leave divided by 30. The percentage of the regulatory base to which he is entitled varies depending on the days of leave and the reason for the low:
-In cases of common illness and non-work accident: 60% of the regulatory base from the fourth to the twentieth day and 75% from the 21st day.
-In cases of occupational disease and work accident: 75% of the regulatory base from the first day of sick leave.
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