Supreme Court of Spain Rules Medical Leave Disability Payments Can Support Residence Permit Renewal

The Spanish Supreme Court has ruled that receiving short-term disability benefits during medical leave should be treated the same as unemployment benefits or assistance pensions when renewing a residence and work permit. This judgment came after a case in Asturias involving a foreign domestic worker whose permit renewal was refused because she fell ill and started receiving incapacidad temporal (temporary disability benefits). The Supreme Court overturned a previous decision by the Asturias High Court, clarifying that the worker’s situation of illness and corresponding disability payments must be recognized legally like unemployment or social assistance benefits. The ruling highlights that it is unfair to deny renewal to those on temporary disability when recipients of non-contributory social aid can renew permits. The court criticized the lack of justification for treating temporary disability differently and pointed out the contradictory treatment of domestic workers, a predominantly female workforce, whose contracts can be easily terminated. This sets a precedent for equal treatment of social benefits in immigration residence permit decisions in Spain.