«I'm off, you can't fire me.» It's one of the most widespread beliefs, and it's false. It is also the opposite that runs through networks: «Since 2022, if you are discharged, the dismissal is automatically null.» Not one thing, not the other. The reality is more nuanced, and understanding it well makes the difference between getting your job back, getting good compensation or being left with nothing. We explain it to you clearly.
First Inconvenient Truth: Being off does not blink you
In Spain there is no prohibition of dismissal a person who is in a temporary disability (medical leave). The company can report a dismissal even if you're off.
What really decides the result not the time, but the reason. The key question is not «I was on leave when I was fired?»but «What was the real cause of my dismissal?».
What changed with Law 15 / 2022
The turning point was the Law 15 / 2022 of 12 July, integral to equal treatment and non-discrimination. This rule expressly incorporated the disease or health condition as an autonomous cause of discrimination, along with others such as sex, racial origin or sexual orientation.
What did it mean in practice? That No longer necessary that the disease is «durable» or equal to a disability so that the dismissal may be null and void, as required by the previous doctrine. If you get fired for being sicksuch dismissal is discriminatory and, therefore, nil.
The big misunderstanding: not all low dismissal is null
Here is the mistake that should be removed, because many articles simplify it and can lead to a disgust. Law 15 / 2022 does not make any dismissal that coincides with a medical leave null and void.
The courts have made one principle clear: the mere temporary coincidence between the fall and the dismissal is not enough. If the dismissal is to be declared null and void, it is necessary sufficient evidence that the real cause of the cessation was the disease.
How it works in practice:
- The worker must contribute evidence that he was fired because of his illness (for example, that he was the only one fired from a group and the only one left, or that the dismissal arrived just after the disease was reported).
- If there are such signs, the burden of proof is reversed: is the company which must prove that the dismissal was due to a real and other objective cause to the health of the worker.
- If the company It proves it.The dismissal shall not be null and void. Yeah. Don't prove it.is declared No discrimination.
High courts of justice have rejected nullity, even if there is a temporary coincidence, where there is insufficient evidence of discrimination. It is necessary to know not to generate wrong expectations.
Nil v. inappropriate: the difference that changes everything
The fact that a dismissal is described as null or void has very different economic and personal consequences:
- I fire NULO: it is considered that it never existed. The company is obliged to Readmit you in your position, to pay you the unpaid wages from dismissal and, usually, a additional compensation for violation of fundamental rights. It's the best stage for the worker.
- Unnecessarily fired: The dismissal is recognized as a misdeed, but not discriminatory. The company can choose between readmitting you or paying you the legal compensation (33 days per year worked, with applicable limits). There are no processing wages unless you choose to readmit.
In many cases of dismissal during a fall, when discrimination is not recognized but there is no valid cause, the result is the non-provenance.
A recent development: permanent disability no longer automatically extinguishes the contract
Time leave should not be confused with permanent disability. In this second area there was a major change in 2025: Law 2 / 2025 amended the Workers' Statute (new Article 49.1.n) so that the recognition of a permanent disability no longer automatically extinguishes the contract. The company must first assess reasonable adjustments of the worker's position or re-placement. It is an added protection that is often overlooked.
What to do if you get fired while you're off
- Don't sign anything immediately., especially a «non-compliance» misplaced or a finite, without advice.
- Save all tests: the letter of dismissal, the parts of leave, communications with the company and any information relating the dismissal to your illness.
- Watch the deadline: to challenge a dismissal you only have 20 working days. It's a short and expiry period.
- Seek specialized advice: the rating (null, improper or appropriate) depends on a fine analysis of the evidence and the case raised by the undertaking.
Frequently asked questions
Can I get fired on medical leave? Yeah. Being discharged does not prevent dismissal. What determines its validity is the real reason: if it was your disease, it will be null; if there is an objective cause beyond your health, it may be appropriate or inappropriate.
Is the dismissal just for coinciding with my demise null and void? No. Time coincidence is not enough. There is a need for evidence that you were fired for being sick; then the company must prove a cause beyond your health.
What do I earn if my dismissal is null and void instead of inappropriate? Invalidity requires that you be re-admitted and paid the wages no longer paid, in addition to possible compensation for violations of fundamental rights. Improvenance allows the company to choose to compensate you.
How much time do I have to claim? 20 working days since the dismissal. It is a deadline, so action should be taken immediately.
This article is informative and does not constitute legal advice. The qualification of a dismissal depends on the specific circumstances and the evidence available. In LEYNVER ABOGADOS we analyze your case, assess whether your dismissal could be null or wrong and claim in time. If you've been fired on leave, contact us as soon as possible.
