New Ruling in Spain Allows Residence Renewal During Sick Leave
The Spanish Supreme Court issued a new ruling considered a significant victory for foreign workers, recognizing that periods of temporary incapacity due to illness must be counted toward the required work duration when renewing a residence permit.
This decision represents an important legal shift for thousands of workers who are forced to stop working temporarily for health reasons beyond their control.
The ruling means that sick leave is legally treated as a period of work, giving foreigners the opportunity to maintain their residence permits even if health conditions prevent them from performing their job normally.
The case originated with a domestic worker residing in the Asturias region, where authorities refused to renew her residence permit after she fell ill, citing that she had not met the minimum required working days during the year.
Authorities in Asturias justified their decision by stating that the worker’s employment period did not exceed three months annually, and they also claimed she had not demonstrated efforts to seek new work or that her work stoppage was due to circumstances beyond her control.
The case ultimately reached the Supreme Court, which issued a final ruling in favor of foreign workers, confirming that the employment relationship does not end when a worker becomes ill but is only temporarily suspended during the period of incapacity.
The court explained that during sick leave, the worker remains linked to the social security system, as temporary incapacity benefits are considered actual contributions to the system and provide protection when the worker is unable to perform their duties.
Based on this, the court concluded that receiving temporary incapacity benefits due to illness or injury should be considered equivalent to performing work, and this period must be counted toward the conditions for renewing residence and work permits.
The court also emphasized that temporary incapacity entitlements must be taken into account when reviewing renewal applications, treating them as continuous professional activity rather than an interruption of work.
In practice, this ruling provides greater legal stability for foreign workers, preventing illness from becoming a direct reason for losing their right to work or reside in the country.
The decision also reinforces the importance of participating in the social security system, confirming that periods of temporary incapacity remain part of the worker’s career path and do not break their connection with the labor market.
This ruling is seen as an important legal precedent in immigration cases, as it establishes the principle that sick leave is considered equivalent to work when renewing residence permits, which could influence many similar cases in the future.
The decision issued on February 26, 2026, represents a clear shift in the interpretation of immigration laws, with the court affirming that an employment contract is not terminated when a worker takes sick leave but is only temporarily suspended.
This post is also available in:
العربية
