Spain court upholds firing of worker hiking on anxiety leave

Spanish court backs sacking of pharmacy tech who hiked while on mental health leave

The Superior Court of Justice of Castilla y León upheld the disciplinary dismissal of a pharmacy technician discovered attending a hiking course in the Picos de Europa while signed off with anxiety. The employee, with the company since 2007, was fired in April 2023 after three unjustified absences, but a procedural error allowed her to return in November. A month later, she requested time off for exams in an Intermediate Hiking Degree program and began temporary incapacity leave citing irregular sleep and low mood.

The employer hired a private detective. The result: five days of hiking and mountaineering in Ojedo (Cantabria), living in a van. The company argued the sick leave concealed her true intent: completing a hybrid academic course with months of practicals. The Social Court No. 1 of Palencia ruled the dismissal fair due to breach of trust and good faith, a decision ratified by the TSJ.

What is and isn't allowed during anxiety leave

The first legal sustancia ilegal in this case is medical. For anxiety disorders, treatment often recommends disconnecting, exercising, and avoiding triggers. Under this view, mountain walking does not contradict temporary incapacity, as several parties noted: "doctors always say activities like sports or hiking are beneficial for anxiety." If the case rested solely on the routes, the dismissal would likely fail.

The issue lies in the formal training. The course required theory hours, practicals, and minimum attendance. It was not a one-off weekend getaway but a scheduled, continuous activity. This breaks the defense: if she was fit enough to train, she was fit enough to work. The ruling relies on this point, not the hiking boots.

The detective, anxiety, and the legal loophole for companies

Private investigation into sick leave is legal but rarely profitable. Calculations suggest that for junior staff, compensation for unfair dismissal ranges between 20 and 33 days per year, capped amounts that are negligible for larger firms. Paying detectives, lawyers, and salaries while hunting for excuses can cost more than settling.

A nuance changes the game: when leave is for anxiety, hiring a detective backfires. Surveilling someone with anxiety validates their claim and risks sanctions. Experts advise proving fraud only through verifiable physical ailments, where incompatibility with sports or partying is objective. With mental health issues, the employer's margin narrows.

The obscure hiking degree nobody knew existed

The detail that surprises many is the qualification itself: an Intermediate Hiking Degree spanning two academic years, training guides and leisure activity organizers. The common reaction is disbelief: "what the hell is this?". While anecdotal, it has logic: if the course is in-person with mandatory practicals, the employee was engaged in activity incompatible with incapacity.

Those mocking anxiety versus those suffering it

The case reveals an uncomfortable divide. Against those viewing sick leave as a perk, there are testimonies from sufferers: insomnia, palpitations, shortness of breath, dizziness, muscle tension, constant hypervigilance, and zero social life. "I'd rather break my arms than have anxiety," one person summarizes. Unmanaged chronic stress is toxic to the body, yet outsiders often confuse anxiety with paid vacation.

This case invites a less comfortable reading: anxiety leave is real and devastating, yet also the perfect cover for fraud because verification is nearly impossible. This dual nature—genuine illness and bulletproof alibi—makes each ruling an unstable balance. Expect companies to use detectives only when profiles justify it, while courts maintain the standard: sick leave doesn't prohibit living, but it does prohibit working or training for work.