Can I Be Fired While on Medical Leave?
One of the most common concerns among workers is: Can my employer fire me while I’m on medical leave?
In this article, we’ll clear up this question, explaining when it is legally possible, when it’s not, and how Legal Allies can help defend your rights in such a difficult situation.
Can a Company Legally Fire Me While I’m on Sick Leave?
In Spain, being on medical leave does not automatically protect you from being dismissed. However, the company cannot use the leave itself as the only justification for the dismissal.
If the real reason behind the dismissal is your illness or injury, the termination may be:
- Void, if it violates fundamental rights (e.g., discrimination).
- Unfair, if there’s no valid objective cause.
If a dismissal is declared void, you’re entitled to reinstatement and to be paid all missed wages.
When Is It Legal to Be Fired During Medical Leave?
A company might legally dismiss you while on leave if:
- There’s a valid objective cause unrelated to your leave (e.g., company restructuring or closure).
- There are proven disciplinary reasons (e.g., serious misconduct).
- Your temporary contract expires naturally.
In these cases, medical leave does not grant automatic protection.
What Should I Do If I’m Fired While on Medical Leave?
If you suspect that your dismissal was really due to your illness, you should:
- File a conciliation claim at the SMAC (Servicio de Mediación, Arbitraje y Conciliación).
- Request the dismissal to be declared void or unfair.
- Claim for reinstatement or compensation.
⏰ You have 20 business days from the date of dismissal to take legal action.
How Legal Allies Helps You If You’re Fired During Sick Leave
At Legal Allies, we support you through one of the most emotionally and financially challenging situations:
- We evaluate whether the dismissal is legal or discriminatory.
- We gather evidence (medical records, internal communications) to strengthen your case.
- We file effective conciliation and labor claims.
- We seek out-of-court settlements or defend your case in court if needed.
A dismissal during medical leave is more than a legal issue – it’s a personal blow. That’s why we stand by your side every step of the way.
Being dismissed while on sick leave might be something your employer attempts – but that doesn’t mean all is lost. With the support of Legal Allies, you can fight back, reclaim your rights… and your professional dignity.
