Sometimes, a simple email sent to an employee on sick leave with good intentions can become a legal problem. That is why it is advisable to establish clear protocols in the company regarding digital disconnection. Ignoring this can result in financial penalties and damage to your business’ reputation.
In recent times, we have seen how the courts are increasingly focusing on an issue that until recently seemed secondary: the right to digital disconnection. What was once interpreted as a simple gesture of courtesy—respecting rest periods—has now become a real legal obligation for companies. More importantly, failure to comply can have unpleasant legal and financial consequences.
A recent example comes from Galicia, where the High Court of Justice has condemned a company for sending emails to an employee who was on sick leave. The messages may not have required an immediate response, nor did they contain a threatening tone, but the simple fact of receiving them, while on temporary disability and experiencing a health problem, was understood as an undue intrusion into her private life and her right to recover in peace. The result was compensation and a reminder to all companies: digital disconnection is not optional.
What digital disconnection really means
When we talk about this right, we are not just referring to the fact that workers should not have to answer emails outside of working hours. The scope is broader: it means that companies should not send work-related communications when the contract is suspended or the worker is on leave. Sick leave is not just physical absence from the office or teleworking; it is a period of recovery that must be respected absolutely.
If the person is sick or on leave due to anxiety, as in this case, receiving repeated emails from the company not only interferes with their rest, but can also aggravate the situation, increasing their feelings of pressure and surveillance. And that, in addition to harming the employee, exposes the company to claims for violation of fundamental rights.
What is at stake for your company
Although the financial penalty in this case was moderate, the lesson is clear:
- The company’s reputation can be seriously damaged. No one wants to be known as “the boss who doesn’t respect sick leave.”
- The internal climate deteriorates. If colleagues perceive that the company is pressuring someone on sick leave, the message they receive is that their own breaks are not guaranteed either.
- The courts are becoming increasingly firm on these issues. This means more chances of lawsuits, trials, and wasted time on matters that could be avoided with a little organization and common sense.
Good practices to adopt
To avoid unnecessary risks and, above all, to show sensitivity to your team, we recommend a few simple steps:
- Establish a digital disconnecting protocol. Put in writing that during leave, no one should send emails, calls, or messages to the absent worker.
- Distribute tasks internally. If the employee was handling important matters, make sure to reassign them to another colleague before the leave begins, so that there is no need to contact them.
- Inform the rest of the team. Sometimes it is not management, but a well-meaning colleague who sends an email. A clear policy will avoid misunderstandings.
- If a real emergency arises, document the need and look for alternative channels that do not involve putting pressure on the employee on leave. These cases are very rare and should be the exception, never the rule.
For further information, please consult our Labor Consulting.
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Practical tips for administrators
- It is not enough to “be an administrator”: the tax authorities must prove negligent or malicious conduct in each case.
- Document decisions: meeting minutes, attempts at restructuring, communications to the Registry, etc.
- Legal defense: if the referral agreement does not justify the specific conduct, it can be challenged with a high probability of success.
- Prevention: in crisis situations, promoting dissolution or voluntary bankruptcy prevents the Tax Authorities from accusing you of neglect of duty.
For further information, please consult Legal Advice
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