Spain creates special sick leave for menopause and gender-violence injuries by decree

Spain's Council of Ministers approved a decree-law on 20 October 2026 creating two special forms of temporary incapacity: for women with incapacitating menopause-related conditions, and for women unable to work because of injuries from gender violence. It was published in the Official State Gazette on 21 October, and the new forms of leave apply from 1 December 2026. Neither requires a minimum contribution period. The benefit is 60 percent of the regulatory base from the start, rising to 75 percent from day 20. The decree also treats people affected by catastrophes as if injured at work, lets both parents claim care benefit for a child with cancer or another serious illness, eases widow's pensions for unmarried parents who lived together for two years, and raises the monthly advance from the child-maintenance guarantee fund from EUR 100 to EUR 300. It must be validated by the Congress's standing committee.

The menopause leave follows the model of Spain's 2023 menstrual leave, which also requires a diagnosed condition. That scheme recorded 2,688 leave cases between June 2023 and January 2025, according to government data obtained by The Objective. The open questions are cost to the Social Security system, take-up, and whether the decree is validated.