Sick leave from work is a worker’s right in case of illness or the need to see a doctor. In all cases, sick leave is always accompanied by a medical certificate indicating the days the person will be unable to work and, therefore, cannot engage in any leisure activities. The case of a man in Spain has attracted attention because he renewed his sick leave for a broken toe, but continued to go for walks and even fishing.
The resulting report indicated that they saw the employee out fishing on the beach
The company decided to report the case because it appeared the employee wasn’t being honest with the company. It’s worth noting that during medical leave, the employee continues to receive a large portion of their salary without having to report to work, precisely because they have a health issue. In this case, the company hired a private investigator to monitor the employee during their leave, due to strong suspicions about their true situation. The resulting report indicated that they saw the employee out walking with their children, walking the dog, driving over 150 miles in a single day, and fishing on the beach, all without any apparent signs of pain or physical limitations. With this information, the company initiated legal proceedings.
The man had worked at the company since 2008, and this case began in January 2020. He went on sick leave due to an ‘unspecified toe fracture’. Although the company’s private insurer deemed him “fit to return to work” that same February, the state hospital kept him on sick leave due to “persistent pain” and advised against any kind of sport.
On November 17, 2020, the company notified the worker, via certified mail, of his disciplinary dismissal
This case continued to progress because, despite the hospital report stating, “No clinical improvement has been observed, pain persists upon exertion, and the employee is unable to participate in sports activities,” the company decided to dismiss the worker. Specifically, on November 17, 2020, the company notified the worker, via certified mail, of his disciplinary dismissal, effective that same day. The worker defended himself by arguing that his injury did not prevent him from performing the tasks he was being accused of.
The company report states, specifically: “We have observed the employee walking to and from school with his children, running errands, and walking the dog,” and adds: “Driving over 240 kilometers in a single day to go weigh-ins and spend a day at the beach […] playing disc with his son.” Thus, the High Court of Justice of Andalusia (TSJA) has dismissed the employee’s claims, who argued that his medical leave due to a broken foot was not incompatible with going to the beach with his son.
These activities are “similar to those that can be presumed to be part of his professional activity”
In its closing argument, the court asserted that “there was simulation in the persistence of the temporary disability.” However, the judges disagreed, considering that the investigator’s report demonstrated a claim of continued disability and a breach of the duties of loyalty and good faith toward the company. Furthermore, the court also affirmed that the activities for which he was being tried were activities he could have been performing in his job, as he worked as a sales representative.
In this regard, the Court stated that these activities are “similar to those that can be presumed to be part of his professional activity.” Ultimately, the ruling upheld the dismissal as justified and dismissed the employee’s appeal, considering the situation to be clear evidence of a breach of the duties of loyalty and fidelity to the company. Thus, the case concluded, demonstrating that as long as a medical leave can be verified, there is no problem, but if the company suspects that something is not being done correctly, they can resort to legal action.