Medical leave due to Covid-19 cannot be equated to an accident at work or an occupational disease for the purposes of receiving a collective agreement supplement in the event of suffering one of these situations.

As such, the High Court of Justice of Valencia, in its judgment of 29th September 2020, ruled that it is not appropriate to receive an allowance of this nature when it has not been proven that the contagion by coronavirus or contact with this disease took place in the workplace. It therefore rules that it must be established on a case-by-case basis.

Alfredo Aspra, Partner in Andersen's labour area, explains that, based on the case law of the Supreme Court (26th March 2014 and 21st February 2004), not all the regulations relating to Social Security benefits are applicable to them, their legal regime deriving fundamentally from the agreements, conventions or rules agreed by the parties for their establishment.

The full article can be read in El Economista.