Workers gain new sick leave rights for menopause and gender violence

The Spanish Government has enacted Royal Decree-Law 31/2026, of October 20, to improve the protective action of the Social Security system and other social regulations (BOE-A-2026-21872). This urgent legislative measure, justified by the need to adapt the welfare state to modern social and sanitary realities, introduces significant changes to how temporary incapacity and extraordinary pensions are managed and calculated.

What changes

The Royal Decree-Law introduces several fundamental shifts in the Social Security in Spain (Seguridad Social) framework, primarily through the modification of the Consolidated Text of the General Social Security Law (Real Decreto Legislativo 8/2015). The key changes are as follows:

• New Temporary Incapacity (Sick Leave) Categories: The law establishes two new specific scenarios for Sick Leave in Spain (Incapacidad Temporal). First, it recognizes coded secondary menopausal disorders as a valid reason for medical leave. Second, it integrates injuries resulting from gender violence as a specific category of temporary incapacity, aiming to provide a more specialized and gender-sensitive response to these situations.
• Terrorism Pension Recalculation: For victims of terrorism, the parameter used to determine the minimum amount of extraordinary pensions is being overhauled. The previous index, which relied on triple the IPREM (Public Indicator of Multiple Effects Income), is replaced by double the Spain Minimum Wage 2026: €1,221/month SMI Rates, History & Rules (SMI). This change is intended to ensure a more sufficient level of protection.
• Caregiver Benefits for Serious Illnesses: The law modifies the benefits for those caring for minors affected by cancer or other serious illnesses. It now allows for the recognition of rights even without hospital admission if the medical treatment is of equal intensity. Furthermore, it permits both caregivers to receive benefits alternatively or simultaneously to promote co-responsibility. In exceptional cases, the benefit can be extended beyond the caregiver reaching 26 years of age if they hold a disability degree of 65% or higher or a Grade III dependency level.
• Widowhood and Orphanhood: The decree flexibilizes access requirements for widowhood pensions for de facto couples with common children and introduces improvements to orphanhood benefits in cases involving violence against women.

Context

This Royal Decree-Law does not act in isolation; it is a comprehensive reform that modifies a wide array of existing legal frameworks to ensure systemic coherence. According to the official BOE index, the regulation performs the following actions:

• Modifies the General Social Security Law: It alters the Consolidated Text approved by Real Decreto Legislativo 8/2015, adding new provisions (Additional 64 and Transitory 48) and suppressing outdated ones (Additional 40).
• Updates Pension and Disability Frameworks: It modifies the Consolidated Text of the Law on Special Regimes (Real Decreto Legislativo 2/2015) regarding pension calculations, with effects starting from October 23, 2026.
• Reforms Labor and Family Laws: It modifies the Workers' Statute (Real Decreto Legislativo 2/2015) regarding working hour reductions for caregivers and adjusts the Law 29/2011 regarding legal protections for victims of violence.
• Adjusts Specific Social Regulations: It modifies several other laws, including those governing the rights of victims of terrorism and the management of the Food Guarantee Fund, to correct management dysfunctions and ensure legal certainty.

Who is affected and how

The impact of this regulation varies depending on the individual's profile within the Spanish social and economic system:

Workers and Employees

Employees, including those in the general regime and special regimes, will see an expansion of their rights regarding Sick Leave in Spain (Incapacidad Temporal). Specifically, women experiencing severe menopausal symptoms and victims of gender violence will have a clearer legal path to access medical leave and social protection. Additionally, parents or caregivers of children facing life-threatening illnesses will benefit from greater flexibility in how they manage their work-life balance and benefit claims.

Self-Employed (Autónomos)

Self-employed individuals are also covered by these improvements. If an autonomous worker suffers from the newly recognized conditions (menopause-related disorders or gender violence injuries), they will be entitled to the corresponding temporary incapacity protections, ensuring that their professional instability due to health issues is better mitigated by the Social Security system.

Victims of Terrorism

This group sees a direct economic improvement. By shifting the pension calculation from a multiple of the IPREM to a multiple of the SMI, the minimum guaranteed amount for extraordinary pensions will likely increase, providing a more stable and adequate financial cushion for victims and their families.

SMEs and Companies

For companies and SMEs, these changes imply a need to update internal protocols regarding sick leave management and the administration of reduced working hours for caregivers. While the law provides more protection to the worker, companies must be prepared to handle new types of medical justifications and the increased complexity of caregiver leave requests.

What to do and when

This Royal Decree-Law enters into force on October 21, 2026. However, the implementation of specific modifications follows a staggered timeline:

• October 23, 2026: Changes to certain pension parameters under Real Decreto Legislativo 2/2015 take effect.
• November 1, 2026: Specific modifications to the regulation of special regimes (Real Decreto Legislativo 670/1987) become active.
• December 1, 2026: Various modifications regarding survivor pensions and specific social benefits (including those related to Law 47/2015 and Real Decreto Legislativo 4/2000) come into force.

This regulation does not impose immediate administrative penalties or mandatory filing deadlines for companies; rather, it changes the legal landscape of entitlements and benefits. We recommend that companies review their human resources policies and that individuals monitor their eligibility for these new benefits as the effective dates approach. For specific guidance on how these changes apply to your particular situation, please consult with the relevant department at BMC.