Can it happen that if you travel to Egypt while on medical leave the company fires you?

Being on medical leave and facing restrictions to take a planned trip. This contradiction is more common than it seems and can cause more than one unexpected headache.

A recent case at the High Court of Justice of Cantabria shows that traveling during medical leave for anxiety is not always a reason for dismissal, especially if the trip is authorized by medical professionals and is part of the treatment.

The case of the trip to Egypt during medical leave for anxiety

A sales representative requested vacation to make a trip to Egypt, scheduled from November 2 to 13, 2006, but the company denied the permission. The surprise came when, already on leave for a mixed adjustment disorder, he decided to make the trip anyway, including visits to the pyramids.

Nevertheless, his leave and the trip were backed by his primary care physician, who considered that the trip was part of the therapeutic plan for his recovery. Moreover, the Medical Inspection of Santander authorized him to leave the province during the medical leave.

The company’s and Justice’s response

The company reacted with a disciplinary dismissal for alleged breach of contractual good faith. But the High Court of Justice of Cantabria declared this dismissal unfair, as no serious or culpable breach was demonstrated, and the trip did not delay recovery.

When traveling during medical leave is not a work-related offense

The court made it clear that being on medical leave does not mean staying at home doing nothing. If the trip or activity does not harm recovery or contradict the temporary incapacity, it cannot be used to justify a dismissal.

What can you actually do when you are on medical leave?

The worker’s legal limits on medical leave

Medical leave, especially when it is for psychological reasons like anxiety, involves following treatment and avoiding activities that harm recovery. But it does not require absolute confinement.

Health authorities allow leisure activities compatible with healing, and even traveling if authorized by doctors and medical inspections. Having this authorization is key to avoid legal problems.

What is not allowed?

• Engaging in activities that contradict the diagnosis or treatment.
• Performing unauthorized work or labor activities.
• Living a normal life that contradicts the temporary incapacity.

Practical advice if you travel during medical leave

Before leaving

• Always consult your primary care doctor and, if necessary, request authorization from the Medical Inspection.
• Communicate transparently to the company any planned trip or activity.
• Keep all medical documentation and authorizations for possible claims.

If you receive a warning or dismissal

Do not give up. Take legal action if you believe the dismissal is unjust. The Egypt case shows that justice can side with the worker when medical and legal requirements are met.

Discuss your case with a labor lawyer who knows the regulations and precedents well.

The trip to Egypt during medical leave for anxiety not only tested the boundary between labor law and health but also made clear that the workplace is not as immovable a space as it seems when mental health is involved.