Spanish Supreme Court: Sick-Leave Periods Must Count Toward Residence-Permit Renewal

In a precedent-setting judgment dated 5 April 2026, Spain’s Supreme Court ruled that days spent on certified medical leave constitute “effective periods of employment” when foreigners apply to renew combined residence-and-work permits. Until now, provincial extranjería offices often discounted sick-leave stretches, potentially pushing workers below the 180-day annual activity threshold required for renewal. The case was brought by a Moroccan warehouse operative whose contract was suspended for eight weeks after a workplace injury. When he later filed for his second-year renewal, authorities in Valencia rejected the application on the grounds that he had “insufficient days of registered activity.” The Supreme Court overturned that decision, citing Article 36 of Royal Decree 557/2011, which equates temporary incapacity with active Social-Security contribution for Spanish nationals and should therefore apply equally to foreigners. For employers, the judgment removes a grey area that generated costly appeals and employee anxiety. HR managers should update internal mobility policies immediately: medical leave—whether for accident, pregnancy or long-term illness—now counts toward the minimum-work requirement, provided Social-Security contributions continued during the absence. Companies must also ensure that payroll teams correctly declare ‘incapacidad temporal’ so that contribution histories reflect the protected periods. Immigration lawyers predict the ruling will influence pending cases nationwide and could prompt the Ministry of Inclusion to revise its renewal guidelines, which have not been updated since 2021. Foreign workers on non-EU Blue-Card, highly-skilled or regular salaried permits who were previously hesitant to take necessary sick leave now have legal reassurance. Practically, employees with renewals due between now and Q3 2026 should download their updated ‘Informe de Vida Laboral’ (labour-history certificate) to verify that sick-leave days appear. If discrepancies arise, Social-Security offices can back-date corrections within 90 days. The decision also strengthens Spain’s attractiveness as a destination for international talent by aligning employment protections for foreign and local staff.