If you are on sick leave and have been called in for a medical examination, do not improvise. You can write right now to Fernanda Vargas on WhatsApp or book an appointment on her Calendly to review what they have asked of you, who is summoning you, and what real consequences there may be in your case.
“You have to undergo a medical examination on Thursday”: the call Gloria receives
Gloria is 45 years old, Colombian, has long-term residence, and works as a call center agent at a customer service company in Barcelona. She has been on sick leave for three weeks due to lower back pain. Since her collective bargaining agreement (convenio colectivo) improves her situation during temporary incapacity, the company tops up what she receives until she reaches 100% of her salary.
One Tuesday, the phone rings. It is human resources. They tell her that the company has hired a medical service and that she has to undergo a medical examination on Thursday. They add something that leaves her frozen: if she does not go, she will lose the top-up.
The next day, another surprise arrives. This time by letter. The collaborating insurance company (mutua) summons her for a check-up. She no longer knows what to think. Does she have to go to both? Can she refuse? Can they dismiss her? Does she have to say what illness she has?
Gloria’s confusion is very common. And the short answer is this: not all summonses are the same. A company doctor is not the same as a check-up by the mutua or a summons from the INSS. What changes is who is calling you, why they are calling you, and above all, what can happen if you do not attend.
What the Law Says: the Company Can Check Your Sick Leave Through Medical Staff
In Gloria’s case, the first thing is to separate fear from the actual rule. The company can try to verify whether the sick leave justifies her not going to work. But it cannot do so in just any way, nor in order to know everything about her health.
“The employer may verify the worker’s state of health alleged by the worker to justify absences from work, by means of an examination carried out by medical staff. The worker’s refusal to undergo such examinations may determine the suspension of any economic rights that may exist at the employer’s expense in such situations.”
That is what article 20.4 allows. Put into plain language: if you are on sick leave and that sick leave justifies your absence from work, the company can request a medical examination to verify that situation. But there are two very important limits from the outset.
- The examination must be carried out by medical staff.
- The legal consequence of refusing is not just anything: the law refers only to economic rights at the employer’s expense that exist because of that situation.
In practice, this usually comes up when the collective bargaining agreement or the contract provides for an improvement to sick leave. That is exactly what is happening to Gloria: in addition to the public benefit, her company pays her a top-up.
That is why it is always advisable to ask for the summons in writing. If they call you by phone, as they did with Gloria, ask them to send you the date, place, professional, and purpose. An informal call is not the same as a clear summons for a medical examination.
If you need help reviewing that summons or handling the dispute with the company, Fernanda Vargas, employment lawyer in Madrid, can advise you.
What Happens if You Do Not Go: the Company Top-Up, Not the Benefit
Gloria’s main anxiety was not only financial. She also thought: “If I do not go, they will dismiss me.” But that is not the leap the law makes.
Article 20.4 does not say that you lose your sick leave. Nor does it say that you automatically lose the public Social Security (Seguridad Social) benefit. And it does not by itself turn the refusal into a dismissal.
What it provides for is something else: if you refuse the examination, the company can suspend the economic rights that are at its expense because of that situation. Put simply, the extra money the company pays you under the collective bargaining agreement or contract to improve what you already receive during temporary incapacity may be affected.
That fits exactly with the threat Gloria received over the phone. If her collective bargaining agreement provides for a top-up to 100% of salary, that is where the real dispute lies. Not in the public benefit arising from the medical sick leave.
That is why it is not advisable to respond with “I am not going, period,” but neither with panic. The prudent thing is to identify who is summoning you, on what basis, and for what purpose. If it is the company acting under article 20.4, the legal risk that appears from the outset is suspension of the company top-up, not automatic loss of the public benefit or a dismissal for that reason alone.
Your Privacy: What the Company Can Know and What It Cannot
Gloria had another very specific concern: she did not want human resources to know details about her lower back pain, nor for her boss to end up discussing her diagnosis. Here too, it is advisable to separate legitimate monitoring from an invasion of your privacy.
“The employer may adopt such monitoring and control measures as it deems most appropriate to verify the worker’s compliance with labor obligations and duties, while in their adoption and application observing the consideration due to the worker’s dignity […].”
That excerpt from article 20.3 sets the general limit: the company can monitor, yes, but while respecting your dignity. In an examination related to sick leave, that means the review is carried out by medical staff and that the company has no right to know your diagnosis or your medical history.
The company may know whether your situation justifies your absence from work. What it does not need to know is what specific illness you have, what tests have been done, or what medical background appears in your records.
This connects with another very common question: the sick leave certificate the company receives does not include the diagnosis. So, in general, you are not required to tell your boss what illness you have. If Gloria wants to keep that information private, she can do so.
In practice, the most sensible approach is to bring the relevant medical reports to show the medical staff carrying out the examination, not to hand them over to human resources. If the company directly asks you for documents containing the diagnosis, it is advisable to be especially cautious and check exactly who those papers are for.
The Mutua and the INSS: Different Summonses, Different Consequences
The most common mistake is to treat all summonses alike. Gloria received, almost at the same time, a call from the company and a letter from the mutua. But legally they are not playing in the same league.
The company’s summons is to verify the state of health alleged to justify absences from work. By contrast, the mutua and the INSS may summon you in order to monitor the benefit during sick leave. There, the consequence of not attending without justified cause can be much more serious for what you are receiving.
If the mutua or the INSS summons you, the prudent thing is to attend. And if you cannot go because of your health condition or for another justified reason, it is advisable to inform them as soon as possible and keep proof. In these cases, failure to attend without cause may affect the benefit, even leading to its suspension and termination.
That completely changes Gloria’s approach. She cannot ignore the company without thinking about the top-up. But she cannot leave the mutua’s letter in a drawer either, because that is where the benefit linked to the sick leave is at stake.
And if the sick leave goes on and there starts to be talk of possible permanent incapacity, it is advisable to review the strategy in good time. In that scenario, it may be useful to understand how to keep your job if permanent incapacity is raised.
What Gloria Did: Steps to Attend While Protected
Gloria did what it is advisable to do when several summonses arrive and everything seems urgent: she stopped arguing over the phone and started organizing evidence.
- She asked the company for the summons in writing, with the date, place, professional, and purpose of the examination.
- She kept the mutua’s letter and checked that it was a review related to her sick leave.
- She prepared the relevant medical documentation to show the appropriate medical staff.
- She decided not to hand human resources reports containing her diagnosis.
- She kept copies of everything she received and everything she sent.
That order matters a great deal. Because when you know who is summoning you and why, the decision changes. If it is the company doctor, the issue revolves around the company top-up and privacy. If it is the mutua or the INSS, then control of the benefit comes into play.
If your health condition prevents you from traveling, it is not enough simply not to show up. The most prudent thing is to communicate it in writing and provide proof. That caution is useful to Gloria for any of the summonses.
Her idea was also correct on another point: not saying more than necessary. It is one thing to cooperate with the medical examination; it is another to open your records to the company. They are different levels.
Can I Be Dismissed for Being on Sick Leave?
Gloria needed to lower that fear. Being on sick leave does not, by itself, automatically prevent a dismissal. But neither is it correct to think that failing to attend the company doctor places you, just like that, in front of an inevitable dismissal.
On this issue, you have to be very precise. If the dismissal is motivated by the illness, there may be a discrimination issue and the worker may challenge it. That is why it is advisable to analyze the real reason, the company’s messages, and whatever documentation exists.
If you want to better understand when a termination can be challenged in this situation, here you can read more about dismissal during medical sick leave and when it may be null and void.
Applied to Gloria’s case, the key idea is this: not going to the company examination does not by itself trigger an automatic dismissal. The consequence the law expressly provides for in that scenario is the suspension of the economic rights at the employer’s expense that exist because of the sick leave.
Summary: Company, Mutua, or INSS. Who Summons You and What Happens if You Do Not Go
When Gloria understood this difference, she stopped seeing two identical summonses and started seeing three possible scenarios. That is the takeaway you should have as well.
| Who is summoning you | Why | What happens if you do not go |
|---|---|---|
| The company, through medical staff | To verify the state of health alleged to justify absences from work | Refusal may determine the suspension of the economic rights at the employer’s expense because of that situation, such as a sick leave top-up if one exists |
| The mutua | To monitor the benefit during sick leave | If you do not attend without justified cause, the benefit may be affected; it is advisable to attend or justify the absence as soon as possible |
| The INSS | To monitor the benefit during sick leave | If you do not attend without justified cause, the benefit may be suspended and even terminated; it is advisable to attend or justify the absence as soon as possible |
This is how Gloria’s situation was resolved: the company could require her to undergo the medical examination, but while respecting her privacy and without any right to know her diagnosis. If she refused without reason, what could be at stake was the company top-up. By contrast, the mutua’s summons was different and she had to deal with it or justify her absence as soon as possible so as not to risk the benefit. The prudent decision was to attend both summonses with her medical documentation, requesting everything in writing and always keeping separate what the medical staff need to know from what the company does not need to know.
Frequently Asked Questions
Can they dismiss me for not going to the company doctor?
Not automatically simply because you do not attend. At this point, the consequence the law expressly provides for is the possible suspension of the economic rights at the employer’s expense because of the sick leave situation, such as the company top-up if one exists. If a dismissal does occur, it is advisable to review the real reason and the documentation with Fernanda Vargas, employment lawyer in Madrid.
Do I have to tell my company what illness I have?
In general, no. The sick leave certificate the company receives does not include the diagnosis. The company may know whether your situation justifies your absence from work, but it has no right to know your diagnosis or your medical history. If you undergo an examination, the medical information must remain within the healthcare sphere.
Can a doctor come to my home?
The law allows the company to verify your state of health by means of an examination carried out by medical staff, but on this issue it is advisable to be very cautious about the specific way in which they intend to do so. If they propose a home visit, ask them to state in writing who is summoning you, for what purpose, and which medical staff will carry out the examination. And before taking steps that may affect your situation, review the case with Fernanda Vargas.
What happens if the mutua summons me and I cannot go?
If you cannot attend for a justified reason, the important thing is to inform them as soon as possible and keep proof. It is not advisable simply not to show up. Summonses from the mutua form part of the monitoring of the benefit, and failing to attend without justified cause may affect what you receive.
Do I lose the sick leave top-up if I do not attend?
It may happen if the summons comes from the company for a medical examination under article 20.4 and you refuse to attend. The law allows that refusal to determine the suspension of the economic rights at the employer’s expense because of that situation, such as the top-up provided for in the collective bargaining agreement or the contract. It does not mean, by itself, that you lose the public benefit.
If you are in a situation similar to Gloria’s, you can contact Fernanda Vargas on WhatsApp or book a consultation on Calendly to review your summons, protect your privacy, and assess how to act without putting your rights at risk.