The constant increase in absenteeism from work and, in particular, in short-term temporary disability processes has become one of the main concerns of companies. While institutions and social agents are looking for solutions, companies are exploring ways of acting. In this post we review the tools available.

There is no unanimous concept of absenteeism. In general, this is usually understood as any absence of the worker from his or her position when he or she should be providing services, which includes, among others, temporary disability (TD), unjustified absences or the use of permits or licenses.

The figures reflect the dimension of the problem: in the first quarter of 2026, approximately 1.6 million people did not go to work according to the latest report published by Randstad, which has led to a loss of 7.2% of the agreed hours. For companies, the consequences go beyond the absence itself. Absenteeism reduces productivity, unexpectedly alters the organization of work, and can affect deadlines and the quality of service to customers.

In this context, are there already public initiatives to find solutions? What can companies do in the meantime?

Public initiatives

The concern has also reached the institutions. In February 2026, the State Observatory on Temporary Disability was launched  to monitor the situation together with the social partners and the Ministry of Health. Different alternatives are being evaluated, such as the flexible reinstatement of sick leave, and for the moment the recovery of dismissals for justified absences is ruled out.

What the company can do

While the work of the social partners continues, companies have some tools, the application of which must be evaluated in detail to respect the legality (in particular, Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination, which expressly prohibits discrimination on the grounds of illness or health condition) and judicial interpretation in force.

In addition to the various measures to protect the health of its employees, among others, the following can be assessed:

  • Verification of the state of health through medical examinations, which is allowed by article 20.4 of the Workers’ Statute and which we have already analyzed in this post.
  • TD supplement. Many collective bargaining agreements supplement the Social Security benefit up to 100% of the salary or contribution base. Some condition this supplement on a low collective or individual absenteeism rate, that the absences are not repeated, its duration or collaboration with the company’s medical service. In cases in which the agreement does not establish adjustment mechanisms, if the situation is unsustainable for the company and the legal requirements are met, the possibility of following a procedure of non-application of the collective agreement to stop supplementing the benefit for a period of time may be assessed, as set out in the agreement.
  • Attendance bonus or an activity bonus. It is a matter of implementing incentives that reward attendance. For its design, it is advisable to take into account the nature of each absence: while the paid leave of Article 37 of the Workers’ Statute (public duties, family force majeure, union credit, etc.) cannot prevent its receipt, recent doctrine (Judgment of the Supreme Court of May 28, 2026) admits that the TD, by constituting a suspension of the contract (during which the reciprocal obligations to work and remunerate the work do not persist), may determine that the bonus is not accrued during that period, although without additional penalties.
  • Regulation of the calculation of variable remuneration. The issue has been widely debated, allowing an individual incentive to be prorated in proportion to the time actually worked, provided that the objective is reduced to the same extent and no additional penalties are imposed (Judgment of the Supreme Court of February 12, 2026).

In short, each company will have to evaluate its problem of absenteeism and the possible measure to be adopted, implementing it respecting the regulations in force.

John Avilés Moreira