Employment & Social Security · Spain
Illness at work? Speak to a sick leave lawyer in Spain
Absence through sickness can turn into a dispute with your employer, or into a decision by a public body that you want to challenge. We connect you with a Spanish lawyer who works in employment and social security matters, so you can understand your position before you decide anything.
- Lawyers who handle labour and social security disputes
- Guidance on procedure before the Juzgados de lo Social
- Free matching, with no obligation to instruct
Matching is free. Fees are agreed directly with the lawyer you choose.
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Tell us about your situation and receive a free, confidential case review.
Before you instruct anyone
Sick leave and the Spanish labour system
If illness keeps you away from work, or your employer’s reaction to your absence becomes a problem, the practical question is usually whether you need a sick leave lawyer in Spain — and how quickly. Spain handles employment and social security disputes in its own labour jurisdiction, with Social Courts at first instance and appeals before the High Courts of Justice. The system rests on written codes rather than judicial precedent, although Supreme Court decisions unify interpretation. A lawyer can review your contract, your medical documents and the decisions taken about you, explain which route fits your situation, and manage the filings and hearings. Our service matches you with a Spanish lawyer who works in this area. The first contact costs nothing.
Spain in practice
How the Spanish labour system handles absence from work
Spain keeps employment and social security disputes inside a dedicated labour jurisdiction, and the way a case is run — who must appear, what it costs and how long it takes — differs from the civil courts. The notes below set out the framework that applies when you instruct a lawyer in Spain.
A labour jurisdiction of its own
Labour cases in Spain are heard at first instance by the Social Courts (Juzgados de lo Social). Appeals (apelación) go to the High Courts of Justice (Tribunales Superiores de Justicia) of the relevant Autonomous Community, while cassation is handled by the Social Chamber of the Supreme Court in Madrid, which unifies the interpretation of the law.
Who may represent you
In the social jurisdiction the worker may appear in person at first instance, but representation by a lawyer is required for appeals to the High Courts of Justice and the Supreme Court, where a procurador usually acts alongside the abogado. Lawyers must belong to a Colegio de la Abogacía, and a single membership is enough to practise throughout Spain.
How lawyers qualify in Spain
To practise, a lawyer needs a Bachelor’s or Grado in Law, the specialised access training (Máster de Acceso a la Abogacía or an equivalent 90-ECTS Bar course including professional practice) and the state aptitude examination under Law 34/2006. Royal Decree 135/2021 also requires legal age, the official professional title, a clean record for serious offences and Social Security registration.
Costs and fee agreements
There is no binding official tariff: fees are freely agreed between lawyer and client, and Bar Associations publish only non-binding guideline criteria. A court fee (tasa judicial) applies in the civil and contentious-administrative orders and is owed by legal persons, but the labour order is not subject to that fee, so an employee does not pay it to bring a labour claim.
Free legal aid
Free legal aid (asistencia jurídica gratuita) under Law 1/1996 provides a lawyer, procurador and experts, plus exemption from procedural costs, where household means are limited. Eligibility is linked to the IPREM public income indicator — generally twice it, rising to three or four times for applicants with dependants — and applications are filed with the Colegio de la Abogacía for the competent court.
Why timing matters
Spanish procedure runs on short clocks. A dismissal claim must be brought within 20 working days, an administrative appeal against a public decision within one month, and general contractual claims within five years. Because each route has its own period, early advice is far more useful than trying to reconstruct a file after a deadline has passed.
Key time limit — Employment Law
Employment dismissal claim — 20 working days. Dismissal disputes are heard by the Juzgados de lo Social, and the labour order is not subject to the court fee.
Country-specific statements on this page are taken from official Spanish and European sources — the Boletín Oficial del Estado (BOE), the Consejo General de la Abogacía Española and the European e-Justice Portal — consulted in 2025.
- European e-Justice Portal — National justice systems: Spain
- Royal Decree 135/2021 — Estatuto General de la Abogacía Española
- Consejo General de la Abogacía Española (CGAE)
- BOE — employment dismissal claim deadline (20 working days)
- BOE — Civil Code (limitation periods and succession rules)
- BOE — inheritance tax filing and payment period
- BOE — administrative appeal period (recurso de alzada / reposición)
- BOE — Law 1/1996 on free legal aid
Common situations
What clients bring to us
These are the problems people describe most often when they ask for a sick leave lawyer in Spain.
Your employer reacts to your absence
Being away through illness can lead to pressure, a disciplinary file or a dismissal you did not expect. In Spain these disputes end up in the labour courts, and how the employer documented its decision shapes the case.
A decision from a public body you dispute
A refusal or a sanction from a public body is a decision you can challenge, but the administrative route carries its own one-month window. Missing that window can close the door before a lawyer has even read the file.
Cost and representation are common worries
Fees in Spain are agreed freely with the lawyer, the labour order is not subject to the court fee, and legal aid may cover the case where household means are limited. Knowing this early removes a lot of hesitation.
How matching helps
What you get from our service
A short, free step that puts your case in front of the right Spanish practice.
Matched by legal area, not by advertising
Tell us what happened and we route your request to a lawyer who actually works in Spanish employment and social security matters, rather than to a general practice that rarely sees a labour file.
One short form, no obligation
You describe your situation once. Matching costs nothing, and you decide whether to instruct the lawyer after you have understood the options and the likely course of the proceedings.
Local knowledge of Spanish procedure
Your lawyer knows the Social Courts, the appeal route to the High Courts of Justice and the strict windows that apply, so filings and hearings are managed in the right order and in the right place.
Clear information about money
Because fees in Spain are freely agreed and Bar guidelines are not binding, we point you to lawyers who explain their fee basis and whether legal aid may be available before you commit to anything.
Cross-border work
Also matching sickness and employment matters in
Illness and employment disputes arise everywhere, and many clients have worked in more than one country before returning home or moving on. We also match requests in neighbouring and other European jurisdictions, including:
Questions and answers
Sick leave and Spanish labour law: common questions
Do I need a sick leave lawyer in Spain?
Not always. In the labour jurisdiction a worker may appear in person at first instance, so straightforward matters can be handled alone. Representation by a lawyer is required for appeals to the High Courts of Justice and the Supreme Court, and most people take advice early because evidence and deadlines are easier to manage with representation.
Which courts deal with sickness and employment disputes in Spain?
First-instance labour cases are heard by the Social Courts (Juzgados de lo Social). Appeals (apelación) go to the High Courts of Justice (Tribunales Superiores de Justicia) of each Autonomous Community, while cassation is the function of the Social Chamber of the Supreme Court in Madrid, which unifies interpretation of the law.
How much does it cost to bring a labour claim in Spain?
Employees do not pay the tasa judicial: that court fee applies to legal persons in the civil and contentious-administrative orders, while the labour order is not subject to it. Lawyers’ fees are freely agreed with no binding tariffs, and where costs are awarded, liability for lawyer and procurador fees is capped at one third of the amount in dispute in declaratory proceedings.
Can I get free legal aid for a case in Spain?
Free legal aid (asistencia jurídica gratuita) under Law 1/1996 covers a lawyer, procurador and experts, and exempts you from procedural costs, where household means are limited. The threshold is linked to the IPREM indicator — generally twice it, and higher for applicants with dependent family members. Applications are filed with the Colegio de la Abogacía of the competent court.
How long do I have to make a claim in Spain?
It depends on the type of claim. A dismissal claim must be brought within 20 working days, an administrative appeal against a public decision within one month, and general contractual claims within five years. Because the periods differ, a lawyer should review the dates in your file before anything else is filed.
Can a lawyer from another city represent me anywhere in Spain?
Yes. Membership of a single Colegio de la Abogacía — that of the lawyer’s sole or principal professional domicile — is sufficient to practise throughout the national territory. Before the higher courts, technical direction by an abogado is normally combined with representation by a procurador.
Next step
Tell us what happened and we will find the right lawyer
Describe your situation in a few lines: the illness, your employer’s response, and any decision you have received. We match you free of charge with a Spanish lawyer who handles this kind of work, and you decide afterwards whether to instruct them.