The tourism sector foresees an Easter 2024 with record reservations and more than 16.5 million trips on the roads of Spain. It is, without a doubt, one of the times of the year preferred by Spaniards to enjoy some holidays. Along with Christmas week and the summer months, many consider it another vacation and the best days to disconnect from work. But what happens when an employee is on sick leave? Can he travel or should he stay home? Many doubts always arise in this regard, but the reality is that each case must be treated individually.
Social Security calls the sick leave period temporary disability (IT). It is a situation that occurs when the worker cannot perform his or her job duties normally. While he recovers, he receives financial aid “that covers the loss of income caused by a common illness or non-occupational accident, an occupational illness or a work-related accident, and periods of observation due to an occupational illness.”
The period of sick leave is designed for the worker to recover and, to do so, they must put all possible measures within their reach. If Social Security or the mutual insurance company considers that an employee commits fraud, they can deny financial assistance. “The sick leave subsidy will be withdrawn when the beneficiary has acted fraudulently to obtain or retain said benefit,” according to article 175 of the General Social Security Law.
You can go on a trip as long as the medication allows it.
Going on a trip while on sick leave does not in itself mean committing fraud against Social Security. There is no specific legislation that regulates it or regulations that prevent traveling or changing autonomous communities. But the financial subsidy could be denied if the trip causes damage to the worker’s condition and could pose a danger to his or her recovery. For example, a worker who is on sick leave due to a knee injury and the doctor has recommended rest cannot go on a skiing vacation.
However, an employee who is temporarily disabled due to a psychological problem such as anxiety or depression can go on a trip. It may even be beneficial for her recovery, always with the doctor’s approval.
In any case, the worker must always attend medical appointments with the mutual insurance company or Social Security and comply with all their requirements. As a recommendation to avoid possible problems and prevent the company from being able to or trying to sanction you in any way, it is advisable to request proof from the doctor proving that the employee can travel during Easter.
I have a paid trip and I can’t go because I’m on sick leave: can you refund my money?
As happens at any time of the year, we Spaniards usually pay in advance for hotels and flights during Easter so that prices are lower. In these situations, unforeseen events can always occur, such as sick leave that prevents you from traveling and enjoying your vacation. Can you cancel a trip and get the money paid back? The answer is not simple, since it will also depend on different aspects.
When you pay for a plane flight in advance, it is always advisable to take out insurance that allows cancellation and recover the money by presenting medical proof. Some companies refund the money if a serious illness or illness that represents a total impediment to traveling can be justified, but it will depend on the contracted rate. If it is a cheap ticket, we risk suffering certain limitations on our rights as passengers. They can also cover other issues such as a court summons, participating in a polling station or the death of a first-degree relative, for example.
In the case of hotels, when paying for the reservation it is common to allow you to choose the option with free cancellation as long as you pay a few euros more in the rate. They also usually indicate a deadline to cancel, which is usually a few days before the arrival date. This allows you to recover the deposit and not pay anything. If you have not paid a fee that allows you to break the contract signed with the establishment, it is advisable to contact and try to change the travel dates at no additional cost, although it will always depend on the company’s policy.
