Labor rights in Spain regarding vacations during medical leave

The Spanish trade union CCOO has clarified the legalities regarding employees taking vacations while on medical leave. According to the union, being on sick leave does not inherently prevent a worker from traveling or engaging in normal activities, provided these actions do not hinder or delay medical recovery.

Spanish jurisprudence, as established by the Supreme Court and High Courts of Justice, has moved away from highly restrictive stances. A trip or recreational activity is generally not grounds for dismissal or sanction unless it meets one of two criteria: the activity demonstrates that the employee is capable of performing their usual job duties, or the activity is actively counterproductive to the healing process.

Specific medical conditions dictate the legality of travel. For instance, travel may be medically recommended as therapy for depression or anxiety. Conversely, for traumatological issues such as fractures or back pain, long trips or strenuous physical activities may be considered valid grounds for dismissal if they interfere with recovery. CCOO emphasizes the necessity of obtaining medical authorization and attending all scheduled medical appointments.