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Spanish labor rights regarding sick leave and vacations

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2026-09-02 17:52 UTC → 2026-09-12 19:23 UTC · added ~~removed~~

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.

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