Employees in Spain risk dismissal without compensation if they travel during sick leave and their actions hinder recovery or breach trust. The law does not ban travel, but consequences depend on medical compatibility and court interpretation.
Spanish labour law now makes it clear: an employee can be dismissed without compensation if they go on holiday while on sick leave, but only when their actions are seen as harming their recovery or violating contractual good faith. This issue becomes especially relevant in summer, as many workers question what activities are allowed during medical leave. While some cases pass without incident, others end up in court if employers challenge the employee’s conduct.
The law does not provide a fixed list of forbidden activities during sick leave. Instead, each situation is judged individually, based on the nature of the illness and whether the activity supports or contradicts the recovery process. The Estatuto de los Trabajadores, in Article 54, permits disciplinary dismissal for serious breaches of duty or actions against good faith, but does not specifically mention travel or sports. Judges focus on whether the employee’s behaviour aligns with their medical condition, not simply on whether they travelled or socialised.
Judicial decisions consistently highlight that the problem is not the activity itself, but its impact. The Tribunal Superior de Justicia de la Comunidad Valenciana has stated that the key question is whether the activity delays recovery or contradicts medical restrictions. Two similar cases can have different outcomes depending on the diagnosis and medical advice.
Disciplinary dismissal without compensation is usually upheld when there is a clear conflict between the activity and the illness. For example, a worker on leave for a lumbar injury who engaged in strenuous exercise such as running and mountain hiking had their dismissal confirmed, as these actions were incompatible with recovery. In Aragón, a worker with a knee injury who played in padel tournaments also lost their case, with the court supporting the employer’s decision.
However, not all cases end in dismissal. There is case law where questionable activities did not result in sanctions. One example involved an employee on leave for depression and anxiety who travelled abroad for twelve days; the Tribunal Superior de Justicia de Murcia ruled that this did not interfere with recovery and declared the dismissal unfair. The Tribunal Supremo has also found moderate padel playing compatible with sick leave for lumbago, provided it was medically recommended.
Medical reports are decisive in these disputes. Judges consider not only what the employee did, but also the medical recommendations. If a doctor supports a particular activity, the employee’s position is stronger. Without medical backing, or if actions contradict the diagnosis, employers have more grounds to act. Repeated behaviour and signs of possible simulation of incapacity are also taken into account. A single incident is not treated the same as a pattern of conduct.
In Spain, the legal framework aims to balance the rights of workers on sick leave with the interests of employers. The absence of a strict list of banned activities means that each case depends on its specific facts and medical context. For employees, this means that travelling or engaging in certain activities during sick leave is not automatically grounds for dismissal, but the risk increases if those actions are incompatible with recovery or breach trust. For employers, the law provides tools to act against abuse, but requires careful documentation and, often, judicial review. As a result, both sides must pay close attention to medical advice and the practical impact of any activity undertaken during a period of incapacity.
