Employment lawyers have addressed one of the most common questions workers ask about medical leave: whether it is legal to travel while off work on what is known in Spain as an incapacidad temporal, or temporary incapacity. Posting through the legal content account @olguin.abogados on social media, the lawyer Nicolas said travelling during sick leave is possible in certain cases, though he warned there are important conditions employees must respect to avoid acting improperly.
No obligation to stay home
The legal team behind the account said being on medical leave does not mean a worker has to stay shut in at home, pushing back on the widespread belief that an employee must remain still in their house for the duration of the leave. They stressed, however, that the key rule is avoiding activities incompatible with the medical condition, meaning anything that could worsen the ailment or delay recovery.
As an example, the lawyers said someone with a leg injury or who has recently had an operation should not take a long trip involving heavy travel or walking. In these physical cases, such activities interfere with rehabilitation and can be treated as conduct incompatible with the medical leave.
Mental health leave and travel
The picture changes substantially when the reason for the leave is anxiety or depression. In these cases, the lawyers said a calm trip taken for rest or to disconnect can even help someone improve, a course of action many specialist doctors recommend, as long as the travel never interferes with the prescribed treatment or clinical follow-up.
Risk of disciplinary dismissal
The lawyers also warned employees to be cautious given the checks companies can carry out. If a company establishes that an employee is carrying out activities that contradict their diagnosis, it can treat this as a serious breach of contract and proceed with a disciplinary dismissal that carries no right to compensation.
Because of that risk, the lawyers recommend that anyone considering travel during sick leave consult their family doctor and an employment lawyer beforehand.
