Spanish court clarifies dismissal rules for employees on medical leave

A ruling by the High Court of Justice of the Valencian Community clarifies the legal boundaries regarding employees on medical leave who engage in activities such as traveling or exercising. Under the Workers' Statute, an employer cannot dismiss an employee solely for taking a vacation while on leave, as the law does not explicitly prohibit such actions.

However, a dismissal may be deemed valid if the employer can prove that the activity directly contradicts medical recommendations or hinders the recovery process. For instance, a worker on leave for lower back pain who engages in intensive mountain trekking or gym training may face lawful disciplinary dismissal if those activities are deemed incompatible with their medical condition and recovery requirements.