Can you be dismissed while on sick leave in the Canary Islands?
Many workers assume that being signed off sick protects them from losing their job, but under Spanish law, that’s not always the case. Legislation does allow for disciplinary dismissal during sick leave, provided certain conditions are met. The key lies in whether the employee has seriously breached their obligations.
What the law says
Under Article 54 of Spain’s Workers’ Statute, an employee can be dismissed for serious and culpable misconduct, including breaches of good faith in the employment relationship.
This applies even if the worker is on temporary sick leave.
What you can (and can’t) do while off sick
Being on sick leave does not mean you must stay at home or remain inactive.
Spanish courts have repeatedly clarified that employees may still carry out certain everyday activities, such as:
- Going for walks
- Doing moderate exercise
- Travelling to the shops
However, there is a crucial condition: these activities must be compatible with recovery.
When dismissal becomes possible
Problems arise when an employee’s actions contradict their medical condition. Courts have ruled that disciplinary dismissal may be justified if:
- The activity harms or delays recovery
- There is a clear inconsistency with the medical diagnosis
- The sick leave is being used fraudulently
For example, someone signed off with a physical injury who is seen doing intense sport or heavy physical activity could face dismissal.
No banned activities, but clear limits
There is no official list of prohibited activities during sick leave. Instead, each case is assessed individually based on:
- The reason for the sick leave
- The type of activity carried out
- Medical reports
- The impact on recovery
This means that travelling or exercising is not automatically disallowed, but it can become grounds for dismissal if it undermines the legitimacy of the sick leave.
A well-established legal position
This is not a new interpretation. It reflects long-standing case law from Spain’s Supreme Court and regional high courts.
The consistent message from judges is clear: employees must act in a way that aligns with their medical condition and recovery. Any behaviour that calls this into question could have serious consequences, including losing their job.
For British residents working in the Canary Islands, the key takeaway is simple: use common sense and follow medical advice while on sick leave, as actions that appear inconsistent could be scrutinised.
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