Changing companies and having to request a medical leave shortly afterward may raise doubts about what salary will be used to calculate the benefit for temporary disability. The issue takes on special relevance in light of the reform approved by the Government through the Royal Decree-Law 31/2026, of 20 October, which modifies the rules for calculating sick leave starting from next 1 December. The new regulations establish that, in general, Social Security will stop using the contribution made in the month immediately preceding the leave and will instead use that from two months prior.
However, this rule will not be applied in the same way to those who have just joined a new company. The text approved by the Executive includes exceptions for workers hired during the month prior to the start of the temporary disability or during the same month in which they receive the medical leave. In these cases, the calculation will be made using the contributions from the new job, even though there is still no complete monthly payroll.
The modification, set out in the article 171 of the General Social Security Law, seeks to establish a calculation system that takes into account the situation of workers who have recently been hired. Therefore, the date on which the new contract began will be decisive in determining which contribution base is used and how much money may be received during the leave.
What payroll is used to calculate a medical leave from December
The main change of the reform consists of modifying the period used to calculate the regulatory base for temporary disability, which is the amount to which the corresponding percentages are applied to determine the benefit amount.
Until now, in general, the contribution base for the month immediately prior to the start of the leave was used. From 1 December 2026, the one corresponding to the second month prior will be used, as established by the new wording of article 171.2 of the General Social Security Law.
For example, if a worker receives a medical leave on 10 December, Social Security will use the October contribution base, not that of November. If temporary disability begins in January 2027, the general reference will be November 2026.
This means that a pay rise or a change in certain salary items during the month immediately prior to the sick leave might not be reflected in its calculation. However, the regulations establish exceptions when the worker has just joined a company, precisely because they might not have the corresponding contributions for the general reference period in their new job.
It is also worth remembering that the benefit is not calculated directly on the net salary paid into the bank account. The reference is the corresponding contribution base, which may include items such as the proportional part of the extra pay installments.
What happens if you changed companies the month before the sick leave
The first exception affects those who started working in a new company during the month immediately prior to the start of temporary incapacity.
In this case, Social Security will use the contribution base for that previous month, instead of following the general two-month rule. The amount will be divided by the number of days to which the contribution corresponds.
For example, if a person leaves their previous company and starts a new job on 17 November, but receives a medical sick leave on 8 December, the regulatory base will be calculated using the contributions corresponding to the new job during November.
If from the 17th to the 30th of November they have accumulated a contribution base of 1,120 euros for 14 days, the calculation will be as follows:
1,120 euros divided by 14 days = 80 euros of daily regulatory base.
From that amount, the percentages established for the benefit will be applied, according to the reason for the sick leave and its duration. The difference is important because the payroll from the previous company’s October would not be automatically used, even though October is the month that would correspond to being applied under the new general rule.
What happens if you start in a company and you are given the sick leave that same month
The second exception affects those who join a new company and receive medical sick leave during the same month of hiring.
Article 171.3 establishes that, in these cases, the regulatory base will be calculated based on the contributions corresponding to the days that have elapsed from the date of joining the company until the day before the start of temporary incapacity.
For example, if a worker starts their new job on December 1 and receives a medical sick leave on December 3, contributions for days 1 and 2 will be taken into account. If, for those two days, they are assigned a contribution base of 160 euros, their daily regulatory base will be 80 euros.
This mechanism makes it possible to calculate the benefit without having to wait for the end of the month or to have a full payroll. The absence of a monthly payroll does not mean that the worker automatically has no right to be paid while on sick leave, although they must meet the general requirements to access the benefit.
If the person joins and receives the medical sick leave on the same day, it will be necessary to apply the specific contribution rules corresponding to that workday.
How much do you get for medical sick leave if you have just changed companies?
The change of company by itself does not modify the percentages of the benefit for temporary incapacity. The amount will depend on the calculated regulatory base and on whether the sick leave is due to common illness, a non-work accident, or a professional contingency.
In cases of common illness or a non-work accident, the economic benefit is distributed as follows:
-
First three days: as a general rule, the temporary incapacity allowance is not paid, unless there is an applicable improvement.
-
From the fourth to the twentieth day: 60% of the regulatory base is paid.
-
From day 21 onward: 75% of the regulatory base is paid.
If temporary incapacity results from an accident at work or an occupational disease, the benefit reaches 75% of the regulatory base from the day after the sick leave begins, while the company must pay the full corresponding salary for the day on which it occurs.
Continuing with the previous example, if a person has a daily regulatory base of 80 euros, they would receive 48 euros per day between the fourth and twentieth days of sick leave due to common illness, and 60 euros per day starting from day 21.
These amounts correspond to the legal allowance and not necessarily to the final amount the worker will receive. Some collective agreements establish supplements that allow reaching 100% of the salary or improving the general percentages, so it is advisable to review the conditions applicable to each sector and company.
Do you need to have worked a minimum period at the new company?
One of the most frequent questions among those who change jobs is whether there is a minimum seniority period in order to be able to request medical sick leave.
Social Security does not, as a general rule, require having remained for a certain number of months in the new company in order to access temporary disability. However, previous contribution requirements may exist depending on the cause that leads to the discharge.
When it involves an common illness, regulations require having contributed at least 180 days during the five years prior to the qualifying event, except in certain special situations of temporary disability that are exempt from that requirement.
These days do not necessarily have to have been accumulated in the current company. Contributions made in previous employments can also serve to accredit the minimum required period, as long as they correspond to the interval established by legislation.
On the other hand, if the leave is due to an accident, whether work-related or not, or to an occupational disease, no minimum period of prior contributions is required.
Therefore, a person who has just joined a company may be entitled to receive the benefit even if they have been working for only a few days, provided that they meet the corresponding legal conditions.
How to check which contribution base Social Security will use
To know what amount will be taken into account in the calculation, it is not enough to consult the net amount of the last paycheck. It is necessary to review the contribution base that corresponds according to the start date of the leave and the exceptions provided for workers who have recently started.
The information can be consulted through Importass, the portal of the General Treasury of Social Security, which allows obtaining a report with the contribution bases for the periods worked.
Through this service, citizens can check the companies in which they have been registered, the contribution periods, and the recorded amounts. They can also download the report to review whether the contributions used in calculating a benefit match those that appear in their labor data.
This check is especially useful for those who have recently changed company, working hours, or salary conditions, since a difference in the bases declared may affect the benefit.
When the new calculation for medical leaves comes into effect
The amendments introduced by the Royal Decree-Law 31/2026 will begin to have effect on the 1 December 2026, as stated in its fourth final provision.
Therefore, the new rules will be relevant for medical leave that begins from that date onwards. Processes initiated before that will continue to be calculated in accordance with the previous regulations, without the change implying automatically redoing the already determined regulatory bases.
The reform affects both the calculation of sick leave for common contingencies and that derived from accidents at work and occupational diseases, although in the latter particularities related to overtime hours are maintained.
The key for those who have just changed company will be to check when the new contract began. If the employment began the month before the leave, the contribution for that month will be used. If the worker started in the same month as the temporary incapacity, the days contributed from the date of discharge until the day before the leave will be taken. For the remaining cases, the new reference from two months before will be applied, in general, taking into account the corresponding contribution particularities.