Employees in Spain who donate organs or tissues now receive full salary during medical leave, thanks to a legal reform. The measure covers all stages of the donation process and eliminates previous contribution requirements.
Workers in Spain who undergo surgery to donate organs or tissues are now entitled to receive 100% of their regulatory base salary during their medical leave, following a significant change in Spanish law. This new protection, which came into effect on March 3, 2025, ensures that living donors are not financially penalized for their decision to help others.
The reform, introduced by Law 6/2024, amends both the General Social Security Law and the Workers’ Statute. It recognizes organ and tissue donation as a special case of temporary incapacity due to common contingencies, granting donors a higher level of financial support than is typically available for standard sick leave.
Full Salary From Day One
Under the updated rules, employees who donate organs or tissues for transplantation receive a sick leave benefit equal to 100% of their regulatory base. This is a notable improvement over the standard rates for common illness or non-work-related accidents, where workers usually receive 60% of their base salary from the fourth to the twentieth day of leave, and 75% from the twenty-first day onward.
The benefit is paid from the very first day of medical leave, with the responsible Social Security entity or collaborating organization covering the cost. This ensures that donors are fully protected financially throughout the entire period they are unable to work due to the donation process.
Comprehensive Coverage for the Donation Process
The law’s protection extends beyond the day of surgery. It covers all days—whether consecutive or not—when the donor is receiving medical care from the Social Security system and is unable to work due to preparation for the procedure. The coverage also includes the period from hospital admission for preoperative care or the transplant itself until the donor is medically cleared to return to work.
Additionally, the Workers’ Statute grants employees the right to paid leave for any necessary preparatory acts related to organ or tissue donation, provided these take place during working hours. This ensures that donors do not lose income for attending essential medical appointments or tests.
No Minimum Contribution Required
One of the most significant aspects of the reform is the removal of the minimum contribution period. While standard sick leave for common illness requires at least 180 days of contributions in the previous five years, this condition does not apply to organ or tissue donors. The law specifically exempts these cases, making the benefit accessible to all employees regardless of their contribution history.
During the entire period of medical leave, the obligation to contribute to Social Security remains in force. The law explicitly includes this scenario among those where contributions continue, ensuring that donors’ future benefits are not affected by their absence from work.
Broader Impact and Context
This legal change strengthens the economic security of living donors, covering every stage from initial medical tests to full recovery. By removing financial barriers, the reform aims to encourage more people to consider organ and tissue donation, addressing a critical need in Spain’s healthcare system.
Spain has long been recognized as a global leader in organ donation and transplantation. The new law further reinforces this position by ensuring that those who choose to donate are not left at a financial disadvantage, reflecting a broader commitment to supporting altruistic acts within the workforce.
