Spanish law does not ban travel or leisure activities during sick leave, but certain actions can justify dismissal without compensation. Courts weigh each case against medical advice and the impact on recovery, making the outcome far from automatic.
When an employee on medical leave decides to travel or engage in sports, Spanish law does not automatically prohibit such activities. However, the consequences can be severe if those actions are found to hinder recovery or contradict medical restrictions. The key issue is not the act of traveling itself, but whether the behavior undermines the trust between employer and employee or delays the healing process.
Article 54 of the Estatuto de los Trabajadores allows for disciplinary dismissal in cases of serious and culpable breaches, including violations of contractual good faith. While the law does not list specific forbidden activities during sick leave, it gives companies the right to act if an employee's conduct is incompatible with their medical condition. Each situation is judged individually, taking into account the illness, medical recommendations, and the nature of the activity.
Legal Grounds for Dismissal
For a dismissal to be upheld, the employer must prove that the employee's actions were incompatible with their recovery or medical advice. If the dismissal is declared justified, the worker loses the right to compensation and back pay. However, the law also protects employees from discrimination based solely on illness, as established by Law 15/2022. Being on sick leave cannot, by itself, be the reason for termination.
Case Law: When Activities Cross the Line
Recent court decisions illustrate how the boundaries are drawn. In January 2026, the Tribunal Superior de Justicia de la Comunidad Valenciana upheld the dismissal of an FCC Aqualia worker who, while on leave for lower back pain, was observed hiking for three hours and attending physically demanding fitness classes. The court found these repeated activities directly contradicted medical advice to avoid physical strain, potentially delaying recovery and breaching good faith. The dismissal was confirmed, though the ruling allowed for further appeal.
By contrast, the Tribunal Superior de Justicia de Murcia ruled differently in October 2025. An employee on leave for depression and anxiety traveled to Albania for twelve days, following medical advice to engage in enjoyable activities and travel. The court found no evidence that the trip hindered recovery and declared the dismissal unjustified, though not null. Similar reasoning has led to different outcomes in cases involving travel to Japan during anxiety leave and participation in sports tournaments after surgery, depending on the compatibility with medical recommendations.
The Role of Medical Documentation
Medical records play a decisive role in these disputes. Judges examine the diagnosis, the specific limitations set by doctors, and the intensity and frequency of the activities in question. A single, compatible activity may be treated differently from repeated actions that clearly violate clinical advice. The cases from Valencia, Murcia, and Aragón highlight the importance of individualized analysis.
What Employees Should Know
Workers who believe their dismissal is unjustified have 20 working days to challenge the decision, excluding weekends and public holidays, as set out in Article 103 of the Ley Reguladora de la Jurisdicción Social. Ultimately, the court will decide if the employer has proven a sufficiently serious breach. Simply being on sick leave or traveling does not predetermine the outcome; the specifics of each case matter.
For employees in Spain, the message is clear: while leisure activities during medical leave are not outright banned, any action that contradicts medical advice or delays recovery can put your job at risk. Careful attention to medical recommendations and transparent communication with your employer are essential to avoid legal complications.
