What happens if your domestic worker gets sick? Who pays for sick leave and what to do

It is one of the questions we get asked most often, and it almost always arrives at the worst moment: the worker calls in sick and the family doesn’t know whether to keep paying her salary, which documents to file, whether contributions are still due, or how to keep the household running in the meantime.

The good news is that the procedure is clearly defined. The less good news is that domestic employment does not work like the general Social Security regime, and that is where most mistakes and disputes arise.

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The rule almost nobody knows: who pays each day

When the leave is due to a common illness or a non-work accident —flu, an operation, a sprained ankle outside work— the split works as follows.

Days 1, 2 and 3: nobody pays

Neither the family nor Social Security pays the first three days of leave. They are deducted from that month’s payslip, unless the employer voluntarily decides to top them up.

Days 4 to 8: the family pays

Here is the difference with the general regime. In domestic employment, the employer pays 60% of the regulatory base for days four to eight, both included. Five days at the family’s expense — and only five.

From day 9: Social Security or the mutua pays

From the ninth day, payment is no longer the family’s responsibility. The benefit is paid directly by the INSS or by the mutua covering common contingencies, under the direct-payment scheme, which the worker herself must apply for. The amount is 60% of the regulatory base up to day 20 of the leave and 75% from day 21.

This point deserves a practical warning: many disputes are born right here. The end of the month arrives, the family doesn’t pay (correctly, because it is no longer due) and the worker, who hasn’t applied for direct payment, is left without income. Warning her in time avoids the problem. To qualify for the common-illness benefit, a minimum of 180 days of contributions within the previous five years is required.

If it is a work accident, everything changes

If the injury happens while working —a fall while cleaning, a cut, a back injury caused by the job— it is a professional contingency, and the protection is considerably stronger:

• On the day of the accident, the family pays the full salary for that day.
• From the following day, the worker receives 75% of the regulatory base, paid by the mutua under the direct-payment scheme.
• No prior contribution period is required.

Since 2012, domestic employment contributes for professional contingencies, so this coverage exists as long as the worker is properly registered. It is one of the reasons why hiring without registration is a serious financial risk: a household accident without coverage leaves the employer exposed.

What you have to do as an employer, step by step

The employer certificate is your one critical obligation

Since April 2023, the worker is no longer required to hand in the paper sick-leave note: the INSS itself notifies the situation. What does depend on you is the employer certificate for the Special System for Household Employees (form C-133), the document stating the contribution bases, without which the worker cannot apply for direct payment from day 9.

Completing it quickly is not a formality: it is what allows her to get paid. It is the gesture a worker appreciates most in that situation, and the one that brings the most stability to the relationship.

The payslip during sick leave

There is still a payslip every month, even if the amount changes:

• Days 1 to 3 are deducted.
• 60% of the regulatory base is paid for days 4 to 8.
• From day 9 the salary is deducted, because Social Security pays it.
• The corresponding contribution deductions are kept.

It is common to issue a zero-amount payslip from day 9 onwards, showing the contributions. Documenting it avoids arguments later. If you are unsure about the figures, here is our guide to how much a housekeeper costs in Spain in 2026 and how her payslip is built.

Keeping up contributions is mandatory

While the contract is in force, the obligation to contribute remains in full, even though the worker is not providing services and even though she is not being paid by you. The monthly contribution is paid as normal.

What you cannot do

• Deregister her from Social Security during the temporary incapacity to save on contributions. It is illegal and can lead to serious penalties.
• Dismiss her for being on sick leave. Since Law 15/2022, illness is an expressly protected ground against discrimination. A dismissal motivated by the sick leave can be declared void, with mandatory reinstatement.
• Demand the paper sick-leave note as a condition for paying her. That obligation no longer exists.
• Deduct holiday days because of the sick leave. They are separate concepts.
• Assume that from day 9 Social Security handles everything without your involvement. Without your certificate, she doesn’t get paid.

One additional note: if you decide to voluntarily top up her salary during the leave —something many families do for long-serving household staff— do it knowing that it is a voluntary improvement and that it is not recoverable.

Maternity, pregnancy risk and other situations

Birth and childcare benefits are treated differently and more favourably: they are paid at 100% of the regulatory base from day one and are managed directly by the INSS, with no direct cost to the family beyond the contributions. The same applies to risk during pregnancy or natural breastfeeding.

How to cover the service while the leave lasts

Legal matters aside, there is the practical side: the household keeps running and, with children or elderly people to care for, the need cannot wait.

• Ask about the outlook, without pressuring. Knowing whether it is a matter of days or weeks completely changes the solution.
• Distinguish between short and long leave. Under two weeks, reorganising is usually enough; beyond that, a formal replacement is advisable.
• Formalise the replacement. The person covering must have their own contract and their own registration. There is no such thing as an “informal substitute”.
• Don’t push for an early return to work. A relapse prolongs the problem.
• Stay in touch. A leave handled with care builds trust for years.

At Maids & Co we arrange temporary cover for families who have already completed a selection process with us, precisely because long sick leaves are one of the situations that most disrupt a household.

The particular case of the live-in employee

When the worker lives in the family home, the situation has an important human nuance. The contract remains in force during the leave, so, unless the parties agree otherwise, the worker keeps her accommodation. Being on sick leave is not a reason to demand that she leave the home.

If her recovery requires conditions the home cannot offer, or if living together during that period becomes unworkable for either party, the reasonable path is to agree it in writing and with professional advice — never unilaterally.

Need to cover the service during a sick leave?

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This article is for information purposes only and does not replace personalised legal or employment advice.