Correos cannot penalize salary supplement for sick leave: what changes in 2026

Key data

Thousands of Correos y Telégrafos workers will see their payroll improved as a result of a judgment that eliminates a collective agreement clause that economically penalized them for taking medical leave. The Social Chamber of the National Court has declared null the third paragraph of article 74.c) of the III Collective Agreement of the State-owned Company Correos y Telégrafos, SA, published in the BOE on August 27, 2026 through a Resolution from the General Labor Directorate.

The annulled provision excluded absences due to common illness or non-work accident from the calculation of effective attendance that gives entitlement to the production and attendance supplement. In practice, this meant that a worker who took sick leave for the flu, a scheduled operation, or any other common contingency would lose part of their salary supplement that month, even if they had fulfilled all their work obligations during the rest of the period.

What does this regulation establish?

The judgment directly applies article 2.1 of Law 15/2022, on equal treatment and non-discrimination, which prohibits discrimination on grounds of illness. The court considers that economically penalizing a worker for being on medical leave for common contingencies constitutes precisely that prohibited discrimination.

Correos argued in its defense a Supreme Court Judgment from May 2026 that equated temporary incapacity to a contract suspension. The Social Chamber of the National Court did not consider that criterion applicable to the present case and upheld the nullity of the collective agreement provision.

Economic and operational impact

The impact is twofold: backward and forward.

• Retroactive recalculation: Correos is obligated to recalculate the production and attendance supplements of all affected workers who had seen such supplement reduced due to common illness or non-work accident absences during the validity of the III Collective Agreement. This can generate salary arrears in favor of thousands of employees.
• Impact on future payrolls: As of August 27, 2026, no Correos worker can have their production and attendance supplement reduced for having been on leave for common contingencies.
• Cost to the company: The direct economic impact for Correos y Telégrafos, SA is significant given the volume of its workforce. The judgment affects thousands of employees, although available data does not allow quantifying the total amount of arrears.
• Precedent for other agreements: This judgment reinforces the doctrine that any collective agreement clause that economically penalizes absences for common illness can be successfully challenged under Law 15/2022.

Who does it affect?

• Correos y Telégrafos, SA workers subject to the III Collective Agreement who have suffered deductions in the production and attendance supplement due to common illness or non-work accident absences.
• Correos' Human Resources and payroll department, which must review and recalculate the affected supplements.
• The signatory unions and workers' representatives: Free Union of Correos (promoter of the lawsuit), CC.OO., UGT, CGT and CSIF (which supported the action).
• Other companies with similar collective agreements that contain clauses excluding illness absences from the calculation of salary supplements: this judgment is a direct warning that such clauses are vulnerable to challenge.

Practical example

A Correos worker entitled to the production and attendance supplement becomes ill for 10 days in a given month and takes common illness leave. Under article 74.c) third paragraph of the III Agreement —now declared null— those 10 days of leave were excluded from the calculation of effective attendance, which reduced or eliminated their entitlement to the supplement that month.

Following the National Court judgment, those same 10 days of leave must count as effective attendance for purposes of the supplement. The worker is entitled to receive the full supplement, and if in the past it was improperly deducted, Correos must pay them the difference.

This same scenario applies to any worker who suffered the same deduction during the validity of the III Agreement, which multiplies the total economic impact for the company.

What should companies do now?

1. If you are Correos y Telégrafos: Immediately review the production and attendance supplement calculation system to eliminate the penalty for common illness and non-work accident absences, effective from August 27, 2026.
2. Calculate the retroactive scope: Identify which workers had their supplement reduced for this reason during the validity of the III Agreement and quantify the arrears to be paid.
3. Coordinate with union representation: Given that CC.OO., UGT, CGT, CSIF and the Free Union of Correos are involved, it is advisable to establish a communication channel to manage claims in an orderly manner.
4. If you have another company with its own collective agreement: Review whether any clause in your agreement excludes common illness absences from the calculation of supplements or incentives. If it exists, consult with your labor advisor about the risk of challenge under article 2.1 of Law 15/2022.
5. Document the adaptation: Keep evidence of the recalculation and payments made to prove compliance in the event of an inspection or legal claim.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-18255