Organic Law 6/2024, of December 21, to improve the protection of live donors of organs or tissues for subsequent transplantation, has introduced the creation of a new special situation of Temporary Disability (TD) due to common contingencies, modifying Art.169 of Royal Legislative Decree 8/2015, of October 30.
Thus, with effect from March 3, 2025, workers who are live organ donors will be able to request such leave, which will include both discontinuous and uninterrupted days and provided that the worker is prevented from working from the first days of medical preparation for the surgery as well as from the day of hospital admission.
Let's analyze this situation in detail:
Specifically, the legislation maintains the obligation to pay contributions throughout the period of sick leave until medical discharge that allows return to work (LGSS Art. 144 RD 8/2015).
Likewise, the perception of a subsidy is established, specifically 100% of the regulatory base for common contingencies from the first day of sick leave, being paid by the INSS or the managing entity that covers the contingency. Art. 172 RD 8/2015 establishes that no contribution period is required for this new special situation of IT.
However, these new regulatory changes are joined by the special IT situations already provided for in Art. 169 of RD 8/2015, such as:
- Woman in case of secondary disabling menstruation.
- Termination of pregnancy due to voluntary or involuntary abortion, unless the cause is an accident at work or occupational disease, in which case it will be considered as temporary disability due to occupational contingencies.
- Pregnancy of the working woman from the first day of the 39th week of pregnancy.
The following table summarises the special situations of temporary disability and their peculiarities. It should be noted that the duration and amount of benefits can be improved and supplemented by collective agreements.
In conclusion, these measures represent a significant advance in the protection of living organ and tissue donors in Spain, providing them with economic security and guaranteeing their labour rights, strengthening the country's transplant system based on a culture of solidarity and altruism.
Daniel Falaguera Olivares
Work Area Collaborator
