The High Court of Justice of Galicia has dismissed a lawsuit from the heirs of a deceased worker seeking 75 percent of his former salary after relapsing into sick leave while unemployed. The court established that temporary disability payments for a worker who relapses while receiving unemployment benefits cannot exceed the amount of the unemployment subsidy already being paid.
The case originated in December 2022 during the final days of a worker's temporary employment contract. The employee experienced a short period of common illness immediately before his contract ended and he became unemployed.
That same month, the State Public Employment Service recognized his entitlement to a temporary unemployment benefit of 39.40 euros per day. His situation changed in February 2023 when his health deteriorated again, forcing him into a new period of medical leave that extended for more than 17 months.
Doctors diagnosed the second medical absence as a direct relapse of his previous illness. Because the original condition began while he was actively employed, the worker expected the mutual insurance company collaborating with Social Security to calculate his temporary disability coverage at 75 percent of the regulatory base from his first contract, which equaled 75.79 euros daily.
Instead, the mutual insurer paid him 40.83 euros per day. This daily amount was nearly identical to the unemployment benefit he was already collecting, creating a substantial financial difference over the 17 months.
Legal rules for medical leave relapses
The legal dispute centered on Article 283.2 of the General Law of Social Security. The statutory provision in force at the time set specific rules for two distinct circumstances when an unemployed person becomes incapacitated for work.
Under the law, if an unemployed worker suffers a new illness, the medical leave benefit equals their existing unemployment payment. If the new leave is a relapse of an earlier condition that began under an active employment contract, the statute also dictates that the benefit must equal the unemployment benefit amount.
Lawmakers designed the provision to anchor both benefit scenarios to the unemployment rate, explicitly preventing workers from receiving 75 percent of their former salary.
The worker died in January 2025 while the court proceedings were still underway. His heirs took over the legal challenge and presented a certificate issued by the National Institute of Social Security in March 2024 that listed a 75 percent calculation rate.
Judges rejected the document as a generic certificate. The court stated that administrative paperwork cannot grant benefit conditions that contradict statutory requirements.
Court decisions and legal costs
Social Court Number 3 of Lugo previously dismissed the lawsuit in November 2025. The family then appealed to the Social Chamber of the High Court of Justice of Galicia to overturn the lower court ruling.
In ruling 3382/2026, issued on July 23, the regional high court confirmed the Lugo court decision in full. The tribunal emphasized that the worker's status as unemployed at the start of the second medical leave was the decisive factor in fixing his payment.
The court did not order the heirs to pay legal costs because they hold free legal aid status as successors of a Social Security beneficiary. The legal battle illustrates the complex boundary between Spain's unemployment and temporary disability protection systems.
