If you need help understanding menopause leave in Spain 2026, reviewing your payslip, or assessing whether your company is handling it properly, you can contact Fernanda Vargas, employment lawyer in Madrid via WhatsApp or book an appointment on Calendly.
Starting in December 2026, Spanish law recognizes a new special situation of temporary incapacity linked to menopausal disorders. This is an important new development, but it is worth understanding it properly: menopause on its own does not automatically entitle someone to sick leave. The law requires a limiting medical condition, a diagnosis identified and coded by the medical services, healthcare from the public health service, and inability to work. In this article I explain what changes, how much is paid, who pays, and how it differs from ordinary sick leave.
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If a menopausal disorder stops you working in Spain, there is a new special sick leave.
But careful: menopause alone does not entitle you to leave.
You need a limiting condition, a coded diagnosis and care in the public health system.
No minimum contributions are needed, and pay starts the day after leave begins.
You get 60% until day 20, and 75% after that.
It applies to leave starting on or after December 1, 2026.
And the decree is still waiting to be ratified.
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What the New Menopause Leave Is and Which Rule Creates It (RDL 31/2026)
The new leave for menopausal disorders was introduced by Royal Decree-Law 31/2026, of October 20, which amends article 169.1.a) of the General Social Security Law (Ley General de la Seguridad Social). With this reform, menopausal disorders are now included as a special situation of temporary incapacity.
This is not a separate category outside temporary incapacity, but a special type within coverage for common contingencies. This matters because it helps explain two key ideas:
- it is recognized within the general temporary incapacity system;
- but it has its own more favorable rules than ordinary sick leave in aspects such as the qualifying period and the start of the benefit.
The same reform also adds another new special situation: temporary incapacity due to injuries resulting from gender-based violence. In addition, there were already other special situations introduced earlier, such as secondary incapacitating menstruation, termination of pregnancy, and pregnancy from week 39.
Requirements: Limiting Medical Condition, Coded Diagnosis, and Care in the Public Health System
To qualify for this leave, it is not enough simply to be in menopause. The rule requires several cumulative conditions. In practice, leave for menopausal disorders is intended for situations where there is a specific clinical condition that makes the employee unable to work.
- There must be a limiting medical condition resulting from a menopausal disorder.
- The diagnosis must be identified and coded by the medical services.
- The worker must receive healthcare from the public health service.
- She must be unable to work.
This means that this is not an “automatic” leave based on a biological stage, but rather protection for cases where the menopausal disorder results in a medical condition that genuinely limits the person’s ability to work.
From a practical point of view, the sick leave certificate must be supported by care and assessment within the public health system. If the worker has private medical reports, they may be useful as clinical support, but the rule requires healthcare from the public health service and that the diagnosis be identified and coded for these purposes by the medical services.
What It Does Not Cover: Menopause on Its Own Does Not Entitle You to Leave
This is the point that most needs clarification. Not every case of menopause gives rise to entitlement to temporary incapacity. The law does not create a general leave for being in menopause, but a leave for situations where there are menopausal disorders with a limiting medical condition.
So if an employer hears about “menopause leave” as if it were an automatic entitlement, it would be misunderstanding the reform. And if a worker believes it is enough to prove that she is in menopause, that would also be incorrect. What matters is that there is a medical condition linked to the menopausal disorder and that this medical condition makes working impossible.
If there are doubts about whether a specific case falls within this new special situation or should be processed as ordinary temporary incapacity, it may be helpful to review the documentation with Fernanda Vargas, employment lawyer in Madrid.
How Much Is Paid: 60% Until Day 20 and 75% From Day 21, With No Qualifying Period
The financial amount paid during this leave is the same as for temporary incapacity due to common contingencies. This means that, unless there is an improvement under a collective bargaining agreement (convenio colectivo) or another applicable enhancement, 100% is not paid.
- 60% of the regulatory base until day 20.
- 75% of the regulatory base from day 21.
The main difference compared with ordinary sick leave is not the percentage, but two other aspects: no minimum contribution period is required and the benefit starts from the day after the leave begins.
The reform of article 172 LGSS removes, for this special situation, the qualifying period that is required for temporary incapacity due to ordinary illness. In ordinary sick leave, to be entitled to the benefit you must have 180 days of contributions within the previous 5 years. For the new leave for menopausal disorders, that requirement does not apply.
Who Pays Each Day: the Company on the First Day and Social Security From the Next Day
Another important new feature is when the benefit begins and who is responsible for payment. In this special situation, the company does not bear several days of benefit payments as happens with ordinary sick leave.
| Point in Time | Who Pays | What Is Paid |
|---|---|---|
| Day leave begins | The company | Full salary for the day leave begins |
| From the following day | Managing or collaborating entity | Temporary incapacity benefit |
So the structure is clear:
- the same day the leave begins is paid by the company as salary;
- from the following day, the managing or collaborating entity pays;
- the three waiting days typical of ordinary temporary incapacity do not apply.
This can have a direct impact on the payslip and on the company’s internal administration, especially when HR compares this process with ordinary sick leave due to common illness.
Differences From Ordinary Sick Leave
Although both situations fall within common contingencies, the new leave for menopausal disorders has its own characteristics. The comparison helps show why it should not be treated as just another ordinary temporary incapacity case.
| Aspect | Leave for menopausal disorders | Temporary incapacity due to ordinary illness |
|---|---|---|
| Medical requirement | Limiting medical condition resulting from a menopausal disorder, identified and coded, with public healthcare and inability to work | Ordinary illness with the general temporary incapacity requirements |
| Qualifying period | Not required | 180 days of contributions in the previous 5 years |
| Start of the benefit | From the day after leave begins | Days 1 to 3 are unpaid, unless improved by collective agreement |
| Employer payment | The company pays only for the day leave begins | The company pays from day 4 to day 15 |
| Amount | 60% until day 20 and 75% from day 21 | 60% until day 20 and 75% from day 21 |
The practical conclusion is simple: it is paid at the same rates as ordinary temporary incapacity, but access is under better conditions and with a more favorable financial start.
Other Special Temporary Incapacity Situations: Incapacitating Menstruation, Termination of Pregnancy, Pregnancy, and Gender-Based Violence
Leave for menopausal disorders does not come alone. It forms part of a group of special temporary incapacity situations that the legal system has been shaping over recent years.
- Secondary incapacitating menstruation.
- Termination of pregnancy.
- Pregnancy from week 39.
- Menopausal disorders.
- Injuries resulting from gender-based violence.
The first three already existed. Royal Decree-Law 31/2026 adds the fourth and fifth. In the case of the new leave due to gender-based violence, the rule provides for a specific documentary requirement: notification to the prosecution service or court, protection order, precautionary measure, prosecutor’s report, or judgment.
Therefore, although all of them are part of the group of special temporary incapacity situations, they do not necessarily share the same access requirements. Each one must be reviewed under its own regulation and its own supporting documentation.
When It Applies: Leave Beginning on or After December 1, 2026
Royal Decree-Law 31/2026 entered into force on October 21, 2026, but the amendments to articles 144.4, 169.1.a), 171, 172 and 173.1 of the LGSS take effect from December 1, 2026.
This has a fundamental practical consequence: the new leave for menopausal disorders applies to temporary incapacity cases beginning on or after December 1, 2026. If the leave began before that date, it does not fall under this new special regulation.
For companies and workers, the start date of the process is the key fact in determining whether this regime applies or the previous one does.
Self-Employed Workers, Public Employees, and Special Regimes
The reform amends the General Social Security Law, so the basic reference is the protective action of Social Security (Seguridad Social) and the temporary incapacity rules that have just changed.
That said, if you work as a self-employed worker (autónoma), if you are a public employee, or if you are covered by a special regime, it is worth checking carefully how this situation fits into your specific coverage and how it must be processed in your case. The existence of the new special situation does not remove the need to review the applicable regime and the entity responsible for providing coverage.
Where there are doubts about practical application in these cases, the most prudent course is to review the documentation and how it should be handled before filing claims or accepting an incorrect payslip.
What Companies and HR Must Do: Payslips, Contributions, Confidentiality, and Non-Discrimination
For companies, this new development is not just a terminological change. It has direct consequences for payslips and for the management of sick leave.
Payslip and Correct Payment
The company must distinguish this special situation from ordinary temporary incapacity due to common illness. If it treats it simply as ordinary illness, it may make mistakes in the financial calculation. The applicable rule is:
- day leave begins: full salary paid by the company;
- from the following day: benefit paid by the managing or collaborating entity.
It should also be remembered that the amount of the benefit is 60% of the regulatory base until day 20 and 75% from day 21, unless there is an improvement under a collective agreement or applicable supplements.
Qualifying Period and Classification of the Case
HR should not apply to this leave the qualifying period of 180 days of contributions in the previous 5 years, because in this special situation no minimum contribution period is required.
The critical point will be correctly identifying the case according to the medical certificate and not internally reclassifying it as ordinary temporary incapacity for payment purposes.
Management of Medical Information
In company practice, it is advisable to stick to the information needed to process the leave and the payslip. This is not a type of leave that should become a space for unnecessary questions about the worker’s clinical situation. Handling must be especially careful because of the sensitive nature of the medical reason.
Avoiding Harmful Employer Responses
It is also important for the company to avoid any unfavorable treatment linked to the fact that this process has begun. Beyond the name of the leave, what exists is a legally recognized situation of temporary incapacity, and its management should be integrated normally into internal procedures.
If a worker identifies payslip errors, rejection of the leave, or inappropriate treatment by the company, she can assess her case with Fernanda Vargas, employment lawyer in Madrid.
Status of the Royal Decree-Law: Ratification With Parliament Dissolved
There is an important institutional nuance: although Royal Decree-Law 31/2026 has already been published and is in force, its constitutional processing is pending ratification.
The reason is that Parliament was dissolved by Royal Decree 806/2026, of October 5, which called elections. Under article 86 of the Constitution, royal decree-laws must be ratified within 30 days. When Congress is dissolved, that function corresponds to the Permanent Deputation, in accordance with article 78.2 of the Constitution.
What does this mean in practice? It means that the rule exists, has been published, and sets the effects of these amendments from December 1, 2026, but the ratification decision is still pending. If it were not ratified, the royal decree-law would be repealed.
That is why, on such a recent issue, it is advisable to follow legislative developments and review how it is being applied in each specific case.
Frequently Asked Questions
Does menopause automatically entitle someone to sick leave?
No. Menopause on its own does not automatically create entitlement. For this special situation, a limiting medical condition resulting from a menopausal disorder is required, identified and coded by the medical services, with healthcare from the public health service and inability to work.
Do you need to have paid a minimum amount of contributions to receive this leave?
No. Unlike temporary incapacity due to ordinary illness, this special leave does not require a minimum contribution period. For ordinary temporary incapacity, 180 days of contributions within the previous 5 years are required.
Do you receive 100% of your salary during menopause leave?
Not necessarily. The legal amount is the one applicable to temporary incapacity due to common contingencies: 60% of the regulatory base until day 20 and 75% from day 21. It would only reach 100% if there is an applicable enhancement, for example under a collective agreement.
Who pays this leave: the company or Social Security?
The day leave begins is paid by the company as full salary. From the following day, the benefit is paid by the managing or collaborating entity. That is one of the important differences compared with ordinary temporary incapacity.
Is a private medical report enough?
For this special situation, the rule requires healthcare from the public health service and that the diagnosis be identified and coded by the medical services. A private report may help explain the clinical picture, but on its own it does not replace those requirements.
Does it apply to leave that started before December 1, 2026?
No. The legal amendments take effect from December 1, 2026 and apply to temporary incapacity cases beginning from that date.
What happens if the royal decree-law is not ratified?
If it is not ratified in the corresponding constitutional procedure, it would be repealed. Since Parliament is also dissolved, ratification falls to the Permanent Deputation.
If you want to check whether you meet the requirements, confirm how much you are entitled to receive, or verify whether your company has calculated the leave correctly, you can write to Fernanda Vargas, employment lawyer in Madrid via WhatsApp or book a consultation on Calendly.