You take sick leave due to work-related anxiety, go hiking, and it all ends in dismissal

A Spanish pharmacy technician who had worked since March 2007 was dismissed in April 2023 after missing three consecutive days of work without justification. A procedural error initially forced the court to overturn the dismissal, allowing her to return in November. Just one month later, she requested three days off to attend exams for an introductory hiking course, a request that was granted.

Medical leave for anxiety

In December, the employee began a medical leave for temporary incapacity, visiting a mental health clinic in 2024. She was diagnosed with anxiety symptoms, disrupted sleep, low mood, and fatigue. However, her employer discovered she had used this leave to hike the Picos de Europa, a mountain range in northern Spain. This prompted another disciplinary dismissal for violating company trust and contractual rules.

Investigation reveals hiking course

Suspicious of her activities, the company hired a private investigator who found that the employee had spent five days during her medical leave participating in a mountaineering course in Ojedo.

She stayed in a van and performed physically demanding activities in the mountains. The employer stated in the termination letter, “The company has verified that the stated reason for her leave concealed her true intention: to pursue an ongoing academic course with both in-person and online components over several months.”

Court upholds dismissal

The case was brought before the Labor Court of Palencia No. 1. The court ruled that the dismissal was lawful, rejecting all claims and appeals from the pharmacy technician. She was not allowed to return to her former position. The ruling, shared by labor law professor Francisco Trujillo, confirmed that hiking during a medical leave for anxiety did not make the dismissal unlawful.

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