Sick leave due to depression, duration, requirements and how much is charged

Depression is a mental disorder characterised mainly by low mood, sadness and low self-esteem, which leads sufferers to lose interest in their surroundings and to be unable to carry out their personal and professional activities.

According to the National Statistics Institute (INE), 5.4% of the Spanish population suffers from some type of depressive disorder. In its most severe variant, it affects around 230,000 people in our country alone. For this reason, we feel it is vitally important to explain how depression leave works.

Requirements for applying for sick leave due to depression

The sine qua non requirement to obtain sick leave for depression is that a specialist diagnoses the illness. Likewise, the doctor responsible for granting and renewing the leave according to the psychiatrist's reports and his or her own assessment will be the primary care doctor corresponding to the person suffering from the disorder or, failing that, one linked to the mutual insurance company to which the worker is affiliated. We will explain this in more detail later on.

But, beyond this, the worker must meet these two additional requirements in order to obtain sick leave for depression:

• To be registered with the General Social Security Scheme (RGSS) at the time of applying for sick leave. In the case of self-employed workers affiliated to the Special Scheme for Self-Employed Workers (RETA), they must be up to date with their social security contributions.
• They must have paid at least 180 days of contributions within the last 5 years if the diagnosis of the depression is attributable to a common contingency. If its origin is due to occupational contingencies, this requirement is eliminated.

How much is paid as sick leave for depression?

This is undoubtedly one of the questions that most concerns workers with depression. In this regard, two circumstances must be differentiated.

Sick leave for depression due to common contingencies

In this case, the depression has been caused by reasons unrelated to the worker's work activity. We are talking, for example, about a precarious financial situation or family problems of various kinds (death of a child or partner, serious illness of a loved one, etc.).

Unless the collective agreement to which the worker is subject establishes higher entitlements, no benefit is paid during the first 3 days of sick leave. Thereafter, between the fourth and twentieth day, he will receive 60% of his contribution base. Thereafter, until the end of the sick leave, he shall receive 75%.

Sick leave for depression due to occupational contingencies

Here we are talking about the case in which the depression is caused by a work-related reason. For example, a situation of harassment, excessive levels of stress or poor relations with colleagues.

If this is the case, the worker will receive 75% of his/her contribution base from the day after the sick leave is granted. The mutual insurance company to which the worker is affiliated is responsible for managing the sick leave and granting it.

How long does sick leave due to depression last?

The maximum period of sick leave for depression provided for by law is 12 months. However, if the mutual or primary care doctor considers that the subject can recover in a relatively short period of time, he/she has the power to extend the sick leave for an additional 6 months.

In any case, once these 12 or 18 months have elapsed, the specialist will have to refer the worker to the Medical Tribunal. The medical inspection for sick leave due to depression is responsible for accrediting permanent incapacity or not. Let us not forget that this disorder, in its most serious variants, is considered a chronic and disabling illness.

On the other hand, there is no established minimum duration for sick leave due to depression. It is the medical specialist who, according to his or her assessment and criteria, determines when the patient is recovered. In Spain, the vast majority of cases diagnosed with depression require between 6 and 9 months off work.

What can (and what can't) a worker do while on leave due to depression and anxiety?

Another question that is of great concern to workers when they are diagnosed with depression. Here we will give some examples to create a more definite idea:

• It is possible to travel as long as the stay away is beneficial for your health. Ideally, a doctor's report is required to support the trip.
• Examinations are not usually allowed. In fact, public examinations do not allow candidates who are on sick leave due to depression to register.
• Doing sport and going out with friends is often recommended, but it is also advisable to have a medical report to support these actions.
• It is not possible to engage in any other economic activity, as this would be considered a breach of contractual good faith. The company could dismiss the worker if this were to happen.

As we have seen, common sense dictates what a worker on sick leave for depression can and cannot do. In any case, in order to resolve any doubts that may arise, the best thing to do is to contact a labour lawyer. He or she is the professional capable of giving you the advice you need at a time as complicated as this.