Is it possible to retire while on sick leave? This is what the law says

Is it possible to retire while on sick leave? This is what the law says
Is it possible to retire while on sick leave? This is what the law says

A pensioner makes a query on her computer. (Freepik)

2024 began with the activation of the new amounts of pensions. Last December, the government approved a revaluation of them according to the CPI of the previous year. In this way, the contributory pensions experienced increases of 3.8% by 2024, while the minimum contributory pensions recorded an increase of 6.9%. It is important to highlight that widow’s pensions with family responsibilities saw a significant increase of 14.1%, raising the monthly amount from 905.9 euros to 1,033.6 euros.

Many workers are looking forward to saying goodbye to the job market. For an effective and comfortable retirement, it is essential that workers know their legal rights, such as requesting retirement while on sick leave. In this case, the answer is simple: Yes, it can be requested, as long as the pertinent requirements set out in the law are met.. Any worker who wishes can request retirement while on sick leave. Regardless of whether the leave is due to temporary disability, illness or work-related accident, this option is viable and applies under the same conditions as if the worker were in a “usual” situation. This is because During the leave, contributions to Social Security continue.

Sick leave is defined as the absence of a worker, with justification and certification from a health professional. There are two types of sick leave:

  • Due to common contingencies: They occur due to natural causes. They include common illnesses, such as flu or stomach pains, pregnancies, motherhood, paternity, etc.
  • For professional contingencies: They occur due to work activity and/or during the work day. They include: work accident, occupational disease, etc.

When requesting sick leave, the following will be required:

  • Be affiliated or registered with Social Security.
  • In the case of a common disease, The worker must have contributed at least 180 days in the last 5 years. In the case of an accident or occupational disease, there is no minimum or maximum contribution period.
  • There must be a medical proof that specifies the reason why the sick leave is requested. It is also necessary to process the pension.
  • Likewise, and if this is granted, the worker has the obligation to:
  • Present some reports that confirm your statuswhich depend on its extension and severity.
  • Submit registrationonce they are given it, and return to work within the next 24 hours.

Retirement before 65 and without cuts: this is Podemos’s proposal for those who contributed for more than 40 years.

The only case in which you cannot request retirement is if you are on sick leave due to a permanent disability. In all other cases, it is possible to request it considering the following requirements:

  • Be 66 years and two months old if contributions have been made for less than 37 years and 6 months, or 65 years yes They have been listed for more than 37 years and 6 months.
  • Have contributed, at least, 15 years in Social Security.
  • Have contributed a minimum of 2 years in the 15 years prior to the application.

If all these requirements are met, to request retirement while on sick leave you must request an appointment at the National Social Security Institute (INSS) and submit the corresponding application. It is necessary to bring your DNI and, in the case of being self-employed, proof of payment of contributions for the last three months and, in some cases, a company or disability certificate.

 
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