What is the usual classification of temporary disability (IT) caused by workplace anxiety?
Social Security typically issues sick leave certificates for employees suffering from work-related anxiety under the category of common contingency. But why not as an occupational contingency, treating this condition as a work-related accident?
Written by Cyrielle Agut
Employment lawyer – Spanish, French and English.
Mental health is the third most frequent cause of temporary disability (IT) and the longest-lasting. Mental health disorders and emotional imbalance are playing an increasingly significant role in the workplace, giving rise to numerous cases of sick leave due to anxiety, stress, distress, or depression.
Notwithstanding the approach generally taken by Social Security, in a recent ruling (May 2022), Employment Tribunal No. 5 of Madrid recognised as a work-related accident the sick leave on mental health grounds of an employee following an anxiety episode triggered by workplace pressures.
The presiding judge accepted the evidence submitted by the employee's legal representatives. Specifically, it was established that there was a frequent and persistent machinery malfunction that resulted in an excessive workload, despite the employee having previously notified the company and asked it to address the situation.
The employee suffered psychosocial harm and was on sick leave under temporary disability (IT) classified as a common (non-occupational) condition for one year.
In these circumstances, the judge found that the anxiety symptoms had manifested at the workplace and that, accordingly, the condition benefited from the presumption of work-related origin. Furthermore, the judge identified a clear causal link between the employee's steadily increasing stress levels and the machinery malfunction that compelled the employee to perform their duties under sustained pressure.
What does this ruling mean in practice?
Sick leave for anxiety may be recognised either as a common illness or as an occupational condition. By securing recognition of this type of sick leave on occupational grounds, the employee will be entitled to access the mutual insurance body (mutua) associated with their company and, as a result, receive 75% of their regulatory base from the day following the start of their sick leave.
What requirements must the employee meet to apply for sick leave due to anxiety?
For anxiety-related sick leave arising from occupational activity to be recognised, the following requirements must be met:
- Being registered with Social Security — applicable to employees covered under the General Social Security Scheme.
- Being up to date with Social Security contributions — applicable to self-employed workers.
- Medical assessment carried out by a Social Security physician or a mutual insurance body (mutua) collaborating with the company.
- Prior contribution period:
- For sick leave due to a common contingency: 180 days of contributions within the preceding 5 years.
- For sick leave due to an occupational contingency: no prior contribution period is required.
