Normative disruption in sick leave benefits for common contingencies

Abstract

The protection of health care, as a branch of social security, is provided for working individuals, distinguishing between ailments stemming from common or occupational contingencies. In the latter case, protection will be provided by Collaborating Mutual Societies (hereinafter MCSS), whereas for common contingencies, protection is provided by the national health system (hereinafter SNS). This differentiation implies that the legal framework for temporary disability benefits (hereinafter IT) also varies depending on whether they are common or professional contingencies.
Health protection in the national health system covers not only working people, but also the unemployed or pensioners, among other groups. The management of the SNS is decentralised across Spain’s seventeen Autonomous Communities (CCAA). It is noted that the legal framework for the IT subsidy is unique for the entire national territory. The beneficiary will have the right to both a monetary amount and healthcare services. Thus, depending on the Autonomous Community (CCAA) where the beneficiary resides, healthcare coverage may vary, affecting the duration of their recovery as well. If the National Health System (SNS) fails to maintain reasonable waiting lists, private healthcare comes to the forefront, widening the economic gap.