A recent change published in Spain's Official State Gazette (BOE) has generated confusion among workers, but the reality is more specific than many assume. The modification, which came into force in March 2025, ensures that employees who undergo surgery to donate organs or tissues in life will receive the full 100% of their salary during their recovery period. However, this measure does not apply to other types of sick leave, such as those caused by common illness or accidents.
The change affects both the General Law of Social Security and Article 37 of the Workers' Statute, which regulates paid leave. According to the new regulation, the Social Security system covers the full regulatory base from the first day of absence, without the usual percentage reductions that apply in other cases. This means that workers who donate organs or tissues in life will not experience the typical salary cuts that occur during the first days of a standard sick leave.
Before this modification, the situation was unclear and depended largely on collective bargaining agreements or whether the employer voluntarily supplemented the benefit. Some workers received full pay in these cases, while others did not. The new rule unifies the criteria and guarantees the right without relying on external agreements, providing legal certainty for both employees and companies.
The measure is designed to remove an economic barrier that could discourage living organ donation. Spain has long been a world leader in organ donation, but living donation involves a voluntary decision to undergo surgery to help another person. The legislator has sought to ensure that financial concerns do not outweigh the decision to donate. The recovery period after such surgery varies depending on the individual's medical evolution, and the duration is determined by medical criteria rather than a fixed legal limit.
Article 37 of the Workers' Statute has been adapted to reinforce the legal framework for this situation, ensuring that the absence is treated as a paid leave rather than a standard sick leave. This provides clarity for employers and employees alike, eliminating previous ambiguities and interpretations that varied across sectors and companies.
It is important to note that this is not a general improvement of all sick leave benefits. The measure applies exclusively to cases of living organ or tissue donation that require surgical intervention. Workers on sick leave for other reasons, such as common illness, accidents, or non-surgical treatments, continue to receive the standard benefits, which typically involve percentage reductions during the first days or weeks of absence.
The change has been welcomed by patient associations and transplant organizations, who argue that it addresses a real need. Living organ donation can involve weeks of recovery, and the loss of income during that period has historically been a deterrent for potential donors. By guaranteeing full salary, the government aims to encourage more living donations while protecting the economic well-being of those who choose to help others in this way.
Despite the positive impact for donors, the measure has also sparked debate about whether similar protections should be extended to other situations, such as serious illnesses or long-term treatments. However, the current regulation remains limited to the specific case of living organ donation, and no broader changes to the sick leave system have been announced.
Workers who are considering living organ donation should be aware that the right to full salary is now guaranteed by law, regardless of their collective agreement or employer's policy. They should also note that the duration of the paid leave is not fixed but will be determined by medical professionals based on their individual recovery process.
