Starting March 2024, workers who donate organs or tissues for transplants will have specific sick leave, with no prior contribution requirements and a 100% benefit from day one. We explain what this new measure entails and how to apply for it.
Social Security has introduced a new, specific case of temporary disability that strengthens the protection of workers who choose to donate organs or tissues. This benefit, already in effect, recognizes sick leave for those participating in these altruistic processes as a special case of temporary disability (TD), equating it to other sick leaves, but with key advantages: subsidy under 100% (the regulatory base) from the first day and without the need for prior contributions.
The measure is regulated in the Law 6/2023, of December 20, published in the Official State Gazette (BOE) on December 21, 2023, and reflects the legislator's commitment to the social and economic recognition of living donors, whose actions directly benefit the health or even the lives of others.
What does this leave cover?
Includes the period of prior medical preparation, hospital admission and all subsequent recovery until medical discharge. This protection applies to both employees and certain self-employed workers, and is managed through the INSS, ISM or collaborating mutual insurance companies, depending on the worker's affiliation status.
What are the requirements?
One of the most relevant aspects is that no minimum contribution is required to access this special leave. It is considered a common contingency with reinforced treatment, which means that its processing follows the usual channels, but with more favorable conditions for the beneficiary.
What does this mean for companies and consultancies?
Companies must manage this sick leave like any other temporary disability, respecting the coverage of Form 100% from the first day. For labor consultancies, it is essential to correctly identify this situation in the documentation and coordinate its processing with Social Security or the corresponding mutual insurance company.
This regulatory advance recognizes and protects the altruistic act of living donation, preventing workers from suffering financial hardship for assuming this social commitment. Furthermore, it strengthens the legal framework for temporary disability, offering greater clarity and legal security for both the worker and their employer.
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