# Spanish labor rights regarding sick leave and vacations > Live situation record from CLSTR: https://clstr.news/situations/spanish-labor-rights-regarding-sick-leave-and-vacations > Updated: 2026-09-12T18:32:04.000Z. Sources: 15. Developments: 5. Spanish labor regulations and jurisprudence clarify the relationship between medical leave and vacation rights. Under article 38.3 of the Statute of Workers, vacation days coinciding with temporary incapacity are suspended and do not count as taken; employees may typically resume these days within 18 months of recovery. Legal guidance from the CCOO trade union and various High Courts indicates that being on sick leave does not automatically prohibit travel or recreational activities. Dismissal is generally not justified unless the activity demonstrates the employee is capable of performing their usual duties or is actively counterproductive to the healing process. For example, while travel may be medically recommended for mental health conditions, strenuous activity—such as intensive mountain trekking for a worker with lower back pain—may constitute valid grounds for disciplinary dismissal if it contradicts medical recommendations. Recent court rulings have set precedents regarding the limits of employer oversight. In Murcia, the High Court of Justice declared the dismissal of a waitress null and void after she consumed alcohol while on leave for diabetes, determining the termination was motivated by her health status rather than fraudulent behavior. Similarly, in Galicia, the High Court of Justice upheld that the dismissal of a cook was unfair after the employer attempted to fire him for posting TikTok videos of himself dancing while on leave for cervicalgia, ruling the dismissal improper despite claims of breaching contractual good faith. Expanding on these protections, the Spanish Supreme Court has ruled against the use of attendance and punctuality bonuses as a means to penalize employees for sick leave. Following a complaint by the CIG union against the supermarket chain Mercadona, the court found that clauses preventing workers from receiving bonuses due to sick leave were discriminatory. ## Claims - The Supreme Court ruled that certain attendance bonus clauses are discriminatory. (corroborated by 4 sources) - Mercadona distributed 780 million euros in profits among its 112,000 workers this year. (corroborated by 4 sources) - The CIG union filed a complaint against Mercadona regarding attendance bonus restrictions. (corroborated by 4 sources) - The court annulled clauses that prevented workers from receiving bonuses if they could not meet minimum effective work requirements due to sick leave. (corroborated by 4 sources) - Courts have increasingly ruled that using sick leave as a basis for adjusting attendance bonuses is illegal. (corroborated by 4 sources) ## Timeline ### 2026-09-12: Spanish Supreme Court bans attendance bonuses linked to sick leave The Spanish Supreme Court has ruled that attendance bonuses cannot be used to penalize employees for sick leave, following a legal challenge against Mercadona's labor practices. 5 sources. https://clstr.news/cluster/spanish-supreme-court-bans-attendance-bonuses-linked-to-sick-leave ### 2026-09-02: Spanish courts rule against dismissals of workers on medical leave Spanish courts have ruled against companies that dismissed employees on medical leave for activities deemed incompatible with their recovery, including consuming alcohol or posting social media videos. 6 sources. https://clstr.news/cluster/spanish-courts-rule-against-dismissals-of-workers-on-medical-leave ### 2026-08-18: Spanish court clarifies dismissal rules for employees on medical leave A Spanish court ruling clarifies that employees on medical leave cannot be dismissed for traveling or exercising unless the activity is proven to contradict medical advice and hinder recovery. 2 sources. https://clstr.news/cluster/spanish-court-clarifies-dismissal-rules-for-employees-on-medical-leave ### 2026-08-14: Labor rights in Spain regarding vacations during medical leave CCOO clarifies that Spanish workers on medical leave may travel if the activity does not hinder recovery or prove they can perform their job duties, noting that legality depends on the specific medical nature. 3 sources. https://clstr.news/cluster/labor-rights-in-spain-regarding-vacations-during-medical-leave ### 2026-08-06: Spanish Labor Law Secures Vacation Days for Workers Who Fall Ill Spain's Statute of Workers lets sick employees postpone vacation days, to be taken later within 18 months, while a psychologist warns that sudden rest can trigger illness and recommends year‑round flexibility. 2 sources. https://clstr.news/cluster/spanish-labor-law-secures-vacation-days-for-workers-who-fall-ill --- Cite as: Spanish labor rights regarding sick leave and vacations. CLSTR, https://clstr.news/situations/spanish-labor-rights-regarding-sick-leave-and-vacations