From March 2025, Spain has implemented groundbreaking legislation that significantly strengthens the labour, social, and economic protections for individuals who donate organs or tissues while alive. This progressive reform removes barriers and provides a fair, safe, and supportive environment for living donors, recognising their vital contribution to public health.
The new regulation aligns Spanish law with European standards by amending several key pieces of employment and social security legislation. It applies across all employment categories—including private sector workers, public employees, members of the armed forces, and other special regimes—ensuring consistent rights and protections nationwide.
Key Rights for Living Donors
1. Special Medical Leave with Full Salary
Living donors will be entitled to a special form of temporary disability leave that ensures they receive 100% of their base salary from the very first day of absence. This benefit is granted without requiring any prior Social Security contributions, and covers the entire donation process, including:
- Medical evaluations and preparatory treatment
- The surgical procedure itself
- The full recovery period, including non-consecutive days if medically justified
Once hospitalized, the employee transitions from paid leave into a temporary disability status specific to organ donation, which remains in effect until they are officially discharged by medical professionals.
2. Paid Leave for Pre-Donation Activities
In addition to the medical leave, donors are entitled to paid leave for all essential preparatory activities, such as:
- Attending informational sessions about the medical, legal, and psychological aspects of the procedure
- Undergoing medical tests and evaluations
- Providing informed consent and participating in related administrative steps
This paid leave applies to all employees—regardless of whether they work in the public or private sector.
3. Post-Donation Medical Monitoring
Public health authorities and hospitals are now obligated to provide comprehensive medical follow-up to living donors. This ensures that each donor receives proper aftercare, promoting a safe and complete recovery. It also reinforces trust in the national transplant system, encouraging more individuals to consider becoming donors.
Procedural Notes for Employers
Notice of Leave
The law does not specify how employees must notify their employer, so any reasonable method is valid—phone, email, letter, etc.—unless a collective agreement or company policy requires a specific format. While there is no legally fixed notice period, it is expected that employees provide sufficient notice to allow the employer to manage workloads and staffing.
Conclusion
This legislative update marks a major step forward in recognising and supporting the generosity of living organ donors. It removes key obstacles—particularly financial ones—and reflects Spain’s commitment to protecting citizens who take on personal risk to save the lives of others. Employers should familiarise themselves with these new rights and prepare to accommodate affected employees in line with the law.
