Spanish law does not automatically prohibit employees on medical leave from traveling or taking part in sports. But, an activity can lead to dismissal if it hinders recovery or conflicts with medical restrictions. Courts focus on whether the conduct undermines trust between employer and employee or delays recovery.
Article 54 of the Estatuto de los Trabajadores allows disciplinary dismissal for serious and culpable breaches, including violations of contractual good faith. The law does not list specific activities forbidden during sick leave, but it allows companies to act if an employee's conduct is incompatible with their medical condition. Each case is assessed individually, with the illness and medical recommendations in view; courts also consider the activity itself.
Legal Grounds for Dismissal
For a dismissal to be upheld, the employer must prove that the employee's actions were incompatible with recovery or medical advice. If the dismissal is declared justified, the worker loses the right to compensation and back pay. Law 15/2022 also protects employees from discrimination based solely on illness. Being on sick leave cannot, by itself, be grounds 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 that these repeated activities directly contradicted medical advice to avoid physical strain, potentially delaying recovery while 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 whether the activities were compatible with medical recommendations.
The Role of Medical Documentation
Medical records play a decisive role in these disputes. Judges examine the diagnosis and the specific limitations set by doctors, then weigh the intensity and frequency of the activities in question. A single activity compatible with those limitations may be treated differently from repeated actions that clearly violate clinical advice. The rulings from Valencia and Murcia, along with the Aragón cases, 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. The court will decide whether the employer has proved a sufficiently serious breach. Being on sick leave or traveling does not predetermine the outcome; the specifics of each case matter.
Leisure activities during medical leave are not outright banned in Spain, but actions that contradict medical advice or delay recovery can put a worker's job at risk. Employees should follow medical recommendations and communicate transparently with their employer to avoid legal complications.
