Can a Company Email or Contact an Employee During Medical Leave?

15 July, 2025
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Dret laboral i protecció de dades
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Lucas Charnet


A recent ruling by the High Court of Justice of Galicia has brought back into focus a crucial issue in human resource management: can a company contact an employee who is on medical leave? And what if the contact comes in the form of emails that do not require an immediate response? Beyond courtesy or informal follow-up, these actions can have significant legal consequences—especially when fundamental rights such as the right to moral integrity are at stake.

In this article, we analyse the scope of the right to digital disconnection, its application during temporary incapacity, and the obligations companies must observe to avoid conduct that may be deemed unlawful or detrimental to employees’ rights.

A Case That Sets a Precedent: The Ruling by the High Court of Galicia

The judgment of the High Court of Justice of Galicia, dated 4 March 2024 (case no. 5647/2023), addressed an appeal filed by a company that had been ordered to pay compensation for sending work-related emails to an employee who was on medical leave due to anxiety. Although the company argued that the emails were part of pre-existing threads and did not require a response, the court concluded that the communications violated the employee’s fundamental right to moral integrity, as they failed to respect her right to digital disconnection.

The key point in the ruling lies not in whether the employee replied or not, but in the fact that she received repeated work emails while on medical leave. As a result, the company was ordered to pay €1,500 in damages for moral harm.

What Does the Law Say About Digital Disconnection?

The right to digital disconnection is enshrined in Article 88 of Spain’s Organic Law on Data Protection (LOPDGDD) and Article 20 bis of the Workers’ Statute. Its purpose is clear: to guarantee respect for workers’ rest periods, holidays, and personal and family privacy.

In addition, Spanish courts have interpreted this right as an extension of fundamental rights such as the right to moral integrity (Article 15 of the Spanish Constitution). This means that it is not just a formal entitlement, but also an active obligation for employers to refrain from contacting employees, especially during sensitive periods such as medical leave.

Digital disconnection is not satisfied simply because the employee is not required to reply; companies must avoid making any work-related contact outside of working hours unless it is strictly necessary and justified.

Medical Leave Suspends the Employment Contract: What Can the Company Do?

During a period of temporary incapacity, the employment contract is suspended. This means the employee is under no obligation to perform any work—either directly or indirectly. In practical terms, this includes not only the absence from the workplace but also freedom from receiving instructions, tasks, or work-related communications.

In this context, any work-related email may be interpreted as an intrusion into the employee’s rest period and, as in the case at hand, a violation of their dignity if not properly justified.

Are There Any Exceptions? What If the Message Is Cordial?

The law does not prohibit employers from maintaining polite and respectful contact with employees on leave, provided it is limited to showing concern for their health or fostering a positive work atmosphere. In fact, some courts have upheld protocols allowing team managers to call employees to wish them a speedy recovery.

However, these communications must meet specific conditions:

They must be occasional and strictly cordial.

They must not request information about the reason for the leave.

They must not involve any pressure to return to work.

They must not be repeated or persistent if the employee expresses discomfort.

What is clearly not permissible is engaging in systematic communication that involves work matters or suggests that the employee should be available or responsive in any way.

The Link Between Digital Disconnection and Moral Integrity

One of the most relevant aspects of the Galician court ruling is its explicit link between the right to digital disconnection and the fundamental right to moral integrity. In the court’s view, receiving work emails while on sick leave—especially when the leave is due to a mental health condition like anxiety—“objectifies” the employee and undermines their dignity, implying that they should be permanently available, even when medically incapacitated.

This interpretation marks a significant evolution in the legal understanding of digital disconnection. It is not merely a tool for preventing digital fatigue or promoting work-life balance—it is a means of safeguarding the employee’s personal dignity.

What Should Companies Do to Avoid Legal Risks?

This ruling is a reminder that digital disconnection is not a vague principle, but a concrete obligation that must be reflected in internal company practices. Here are some key recommendations for businesses:

1. Develop a clear internal policy: As required by Article 88 of the LOPDGDD, companies must define the terms of digital disconnection in consultation with workers’ representatives, and implement awareness and training measures on responsible use of digital tools.
2. Implement technical measures: Companies can configure their email systems to block messages to employees on medical leave.
3. Limit communication during medical leave: Unless there is a documented and unavoidable need, work-related communication should be avoided while an employee is on leave.
4. Train managers and supervisors: These individuals often initiate contact, sometimes unaware of the legal implications.
5. Do not confuse humanity with pressure: Expressing genuine concern for an employee’s health is acceptable—but it must be done respectfully, with no expectation of availability or response.

What If Contact Is Necessary?

In rare situations, it may be necessary to contact an employee during medical leave, for instance to deliver a legal notice that cannot be addressed otherwise. In such cases, companies should:

Clearly document and justify the necessity.

Ensure the communication is exceptional and respectful.

Explore alternatives, such as addressing legal representatives.

Avoid any message that could be construed as coercion or pressure.

Conclusion

The High Court of Galicia’s decision sets an important precedent for employers: the right to digital disconnection is not just about the employee’s right to ignore messages, but also about the employer’s obligation to refrain from sending them—especially during periods of medical leave.

At MES Advocats, we advise companies on designing internal policies that ensure compliance with current labour regulations and minimise legal risks in employee management. If you need help reviewing your digital disconnection protocol, implementing privacy-respecting measures, or assessing the legality of past communications, don’t hesitate to contact us and ask us any questions.. Prevention is always the best strategy.

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Baja médica e interrupción laboralComunicación empresarial y derechos fundamentalesDerecho a la desconexión digitalIntegridad moral del trabajadorSentencias recientes en derecho laboral

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