Month: March 2026

There is a widespread belief about what it means to be on medical leave. Many people believe that being on medical leave is incompatible with doing any type of activity physical or going on a trip, and that doing so may be grounds for disciplinary dismissal. It is a widespread fear, but the reality is quite different. Knowing the nuances around this issue can prevent workers and companies from be seen in court. A recent sentence issued by the Superior Court of Justice of the Valencian Community confirms what Spanish judges have been repeating for years in their rulings: that the problem is never the activity itself, but rather whether carrying it out affects in some way the process of recovery from the illness or injury for which one is on sick leave. That detail changes absolutely everything. ​What the law says, and what it doesn’t say Although many people believe it this way, no Spanish labor law expressly prohibits playing sports. or go on vacation when you are on medical leave. There is no article that says “if you are on sick leave, you can’t do this or that.” What the Workers’ Statute does include, in its article 54 that regulates the conditions of disciplinary dismissal, is that a company can fire you if you seriously breach your employment obligations or act in bad faith. And that’s where these cases fit. The principle that truly governs these cases is not prohibition, but compatibility with recovery. In practice, this means that when you are on medical leave, you have an obligation not to do things that slow down or contradict your own recovery process. Not because the law expressly prohibits it, but because acting in a manner inconsistent with your medical diagnosis can be interpreted as a serious lack of honesty with your company and with Social Security, which covers a large part of your salary during that period. When the judges have ruled in favor of the company The courts have supported layoffs disciplinary action when the activity carried out during the medical leave was clearly incompatible with the declared illness or injury, especially if it occurred several times and the company was able to demonstrate it with medical reports and even with the provision of evidence by a private detective. The most recent case is the sentence which was resolved by the Superior Court of Justice of the Valencian Community in January 2026, which stated that a worker was on sick leave due to a lumbar injury compatible with limited effort and moderate physical activity and was investigated by private detectives. During that period, it was confirmed that the employee was doing intense and repeated physical exercise for several weeks in a row (running, mountain routes lasting several hours, gym training, etc.), an activity that, according to the court, was incompatible with his illness and made his recovery difficult. The court declared the disciplinary dismissal valid not for playing sports, but for doing an activity contrary to the recommendations for recovery from sick leave due to low back pain. In a similar vein, the Superior Court of Justice of Aragon, also declared valid the disciplinary dismissal of an employee who was on medical leave due to an injury to the cruciate ligament in his knee and had to undergo surgery. During his recovery, the employee He participated in several padel tournamentsand even winning some of them while on medical leave due to his knee injury. The judges have also ruled in favor of the worker Case law also has numerous examples to the contrary, where the dismissal was considered unjustified because, although physical activity was recognized, it could not be demonstrated that the activity harmed recovery from the injury. An example of this is the who judged the Superior Court of Justice of Murcia in which an employee on leave due to depression and anxiety traveled to Albania for 12 days. As and how I analyzed Iberleythe Murcian High Court declared that the trip did not interfere with recovery nor did it contravene medical recommendations, which is why it declared the dismissal unfair. It has not been the only case. The Supreme Court confirmed in November 2024 that the dismissal of a driver who played paddle tennis while on sick leave due to low back pain was inappropriate, because her own doctor had recommended in writing that she do moderate exercise, including that type of activity. The key is always in the doctor As can be seen in the different examples, the key is not the sport that is practiced or the trip itself, but what the doctor says about that activity and whether that activity negatively affects recovery. The judges limit themselves to analyzing whether the worker’s medical reports authorized or recommended what he did, whether the company was able to demonstrate with an expert report that it was detrimental to recovery, and whether the worker repeated the behavior in a way that would suggest that he was simulating his state. A worker on sick leave due to depression or anxiety who is advised by his psychiatrist to go out, exercise or travel has every right to do so. In fact, it can be an important part of the treatment. For all this, the most useful practical advice is to always have the doctor’s authorization in writing before carrying out any physical activity or travel during sick leave. This role does not guarantee that the company will not consider a disciplinary dismissal or that the judge will always agree with you, as some of the previous cases demonstrate, but it makes a real difference when it comes to defending yourself. Without that documented medical support, courts tend to side with the company when there is evidence of activity. In Xataka | A company fired the same employee twice in eight months. The court has annulled them and returns to work with 25,000 euros Image | Freepik (pressfoto)