Receiving a letter of dismissal while on medical leave is one of the most stressful and uncertain situations a worker can face. In addition to the concern for health, there is economic uncertainty and immediate legal doubt: Can the company fire me or is this dismissal automatic and completely null and void?

The legal response has important nuances. Being on sick leave does not provide “absolute protection”, but current legislation imposes very strict requirements on companies to avoid discriminatory dismissals.

Is it legal to fire a worker on sick leave?

The short answer is: yes, but only if there is a justified legal cause independent of the illness or accident itself.

Being on temporary disability (IT) does not prevent a company from terminating an employment contract. However, for the dismissal to be valid, the company must base it on real and credible causes, such as:

• Objective causes: Economic, technical, organizational or production reasons of the company.
• Disciplinary causes: Serious and culpable infractions committed by the worker before the leave or unrelated to the medical situation.

What the law categorically prohibits is that the reason for dismissal is the employee’s own medical leave or illness.

The key twist: The Zerolo Law and null dismissal

Since the entry into force of Law 15/2022 (known as the Zerolo Law), illness and health conditions are expressly considered as grounds protected against discrimination.

This radically changes the scenario legal:

1. Null Dismissal (The general rule when there is no clear cause)

If the company dismisses you while you are on sick leave and cannot prove a real objective or disciplinary cause, it is presumed that the reason for the expulsion was your state of health. In this case, the dismissal is declared null due to discrimination.

• Consequences of a null dismissal: The company is obliged to immediately reinstate the worker in his/her position, to pay all processing wages that have been lost and, in many cases, to pay additional compensation for moral damages</</>>

2. Unfair Dismissal

If the cause alleged by the company is not sufficiently proven but it is also not proven that the reason was discrimination due to illness, the dismissal may be qualified as unfair, giving the right to the corresponding compensation according to the law.

What should you do if you are dismissed while on sick leave?

If you are given a notice of dismissal while you are on temporary disability, it is essential to act quickly and cautiously:

1. Check the date and signature with “Not Compliant”: Next to your signature, always write the actual date of receipt and add “Not Compliant”. This does not prevent you from collecting the initial compensation if there was any, but reserves your right to claim.
2. Don’t miss the deadlines: The deadline for contesting a dismissal is only 20 working days (not counting Saturdays, Sundays or holidays). It is a very short period of time.
3. Save all the documentation: Keep the notices of termination, the letter of termination, the payroll and any previous communication with the company (emails, messages or faxes).

Have you been dismissed while on leave in Girona? At ActumAdvocats we defend you

Challenging a dismissal during a medical leave requires a thorough legal analysis to determine whether your fundamental rights have been violated and to demand the nullity of the dismissal or the maximum possible compensation.

At ActumAdvocats we are lawyers specializing in Labor Law in Girona. We analyze the causes alleged by the company, evaluate the feasibility of requesting nullity due to discrimination and accompany you throughout the procedure, from the conciliation ballot to the social court.

📍 Professional law firm in Girona

📞 Contact ActumAdvocats today: don’t let the legal deadlines run out. We review your dismissal letter and defend your rights with the utmost rigor.