The Right to Digital Disconnection and Communications During Medical Leave

Can a company send work-related emails to an employee on medical leave?

A recent ruling by the High Court of Justice of Galicia (April 2025) reaffirmed a principle that admits no exceptions: companies have a duty to respect digital disconnection and, by extension, the right to the moral integrity of employees, especially during periods of temporary incapacity.

Real Case: Digital Disconnection and Medical Leave

An employee on medical leave due to an anxiety disorder began receiving repeated work-related emails from colleagues and supervisors. She was not required to reply, yet the communications continued.

The company argued that these emails did not constitute a real burden for the employee. However, the court held that such conduct amounted to an unlawful intrusion into her personal life, incompatible with her health condition, and ruled that her fundamental right to moral integrity, protected under Article 15 of the Spanish Constitution, had been violated.

The judgment was unequivocal: it is not enough for the company to refrain from demanding a reply. The mere sending of work-related messages during medical leave, particularly when the leave is due to a mental health condition, already constitutes a violation of the right to digital disconnection.

“The right to disconnect is not exhausted by simply not responding. It requires the company to refrain from contacting the employee altogether.”

A Precedent Strengthening Workers’ Rights

This ruling applies Article 88 of Organic Law 3/2018, which regulates the right to digital disconnection as a safeguard for rest, privacy, and occupational health.
The judgment reinforces its interpretation: digital disconnection is not merely an organizational issue, but a protection against the invasion of the employee’s personal space, even in the absence of explicit intent.

The court especially emphasized that:

• The sending of work-related communications outside working hours may already constitute a violation.
• In situations of emotional or psychological vulnerability, the employer’s duty to abstain is even more stringent.
• Failure to implement organizational or technical measures to prevent such interference can lead to legal and reputational consequences.

What Should Companies Do?

This decision strengthens an obligation that many organizations still treat as a recommendation: digital disconnection is a legally enforceable right.

Therefore, it is essential to:

• Avoid any work-related communication during medical leave, holidays, or rest periods.
• Establish a clear and effective policy, tailored to each role and agreed upon with employee representatives.
• Train and raise awareness among management and staff about the scope and limits of this right.
• Implement technical solutions to deactivate automatic notifications, access to platforms, or digital tools outside established working hours.

This case also invites organizations to review their internal protocols:

• Is your company effectively guaranteeing this right?
• Are there active measures to protect digital disconnection during periods of inactivity?
• Are communication channels suspended when an employee is on medical leave?
• Is this right respected with the same rigor as other regulatory obligations?

Conclusion

Technology has multiplied our availability — but only respect for the right to disconnect ensures a healthy and balanced work environment.

Digital disconnection is not a choice. It is a right. And protecting it is a sign of responsible leadership and a genuine commitment to employee well-being.