A recent case involving a marathon on sick leave has caused a stir: an employee ran a marathon despite being signed off sick and ultimately received over 60,000 euros in severance. This news raises many questions: Are you allowed to play sports while on sick leave? What consequences can arise if your employer finds out? And how can such an allegation even lead to a high severance payment? In this article, you will learn what limits apply to private activities during sick leave, how employers can investigate suspected abuse, and how you can negotiate a high severance payment if push comes to shove.
The Case at a Glance: Marathon on Sick Leave – and Then 60,000 Euros Severance
The report of an employee who ran a marathon while on sick leave and subsequently received a severance payment of over 60,000 euros has surprised many. At first glance, it seems contradictory: anyone signed off sick is supposed to rest – and anyone who doesn’t risks dismissal? Yet reality is more complex. The case shows that even where there is an alleged abuse of sick leave, a high severance payment is possible if the employer wants to avoid the risk of an employment tribunal dispute.
It is important to understand: a sick note does not automatically mean you must stay in bed. It means that due to an illness you are unable to perform the work owed under your contract. Private activities that do not jeopardize recovery and are compatible with the illness are generally permitted. A marathon, however, is an extreme physical exertion that would run counter to recovery in many conditions – such as cardiovascular problems or orthopedic complaints. This is precisely where the conflict lies.
Sick Leave and Severance: When Private Activities Become Problematic
The key question is whether a private activity like a marathon calls the incapacity for work into question. Employers often argue that an employee who runs a marathon obviously cannot be so ill that they are unable to work. From an employment law perspective, however, it depends on whether the activity impairs recovery or constitutes evidence of a feigned illness. A one-off marathon can be such an indicator, but does not have to be. The decisive factors are the nature of the illness, the employee’s state of health, and the doctor’s assessment.
In practice there are many examples of employees going on holiday, playing sports, or pursuing other activities while on sick leave. As long as these activities do not call the incapacity for work into question and do not endanger recovery, they are unproblematic. It becomes problematic when the employer gains the impression that the employee is not actually ill or is exploiting the sick note. In such cases, the employer can request a review by the Medical Service of the health insurance funds or even issue a dismissal.
If you are affected yourself, you should know: not every activity automatically leads to dismissal. The employer must demonstrate that the activity contradicts the incapacity for work or endangers recovery. A blanket allegation is not enough. Nevertheless, you should be cautious and, in case of doubt, discuss with your doctor what you are allowed to do during sick leave.
Suspected Abuse: How Employers Can Verify Incapacity for Work
Employers have several ways to investigate suspected abuse of sick leave. Initially, they can ask the employee to submit a medical certificate confirming the incapacity for work. In addition, they can involve the Medical Service of the health insurance funds, which assesses the incapacity for work. In extreme cases, the employer may also hire private investigators to document the employee’s behavior – but only under strict data protection requirements.
In the case of the marathon runner, the employer may have learned of the run through photos, social media posts, or witnesses. Such evidence can prompt the employer to issue a conduct-related dismissal. Yet even if the suspicion is justified, a dismissal is not automatically effective. The labor court examines whether the dismissal is proportionate and whether the employee was previously given a formal warning. A one-off misconduct can only justify dismissal if it is particularly serious – for example, if the employee obviously feigned the sick note or willfully endangered their recovery.
If you are confronted with such an allegation, do not panic. Document your medical situation and obtain medical support. A specialist employment lawyer can assess whether the dismissal has prospects of success and how you should best proceed.
Conduct-Related Dismissal: Requirements and Typical Pitfalls
A conduct-related dismissal requires that the employee has committed a breach of duty that sustainably disrupts the employment relationship. In connection with a sick note, this may be the case if the employee feigns incapacity for work or prevents recovery through their behavior. The employer must prove the breach of duty and demonstrate that a formal warning is insufficient or dispensable in the specific case.
Typical employer mistakes include insufficient evidence, a missing formal warning, or a disproportionate reaction. If the employer dismisses solely because of a single marathon run without examining whether the activity actually contradicts the incapacity for work, the dismissal may be invalid. Social selection criteria and consultation of the works council must also be observed. If the employer violates these formalities, the employee can successfully challenge the dismissal.
In practice, many protection-against-dismissal proceedings end in a settlement. Both sides often want to avoid the risk of lengthy litigation. The employer pays a severance package, the employee leaves the company. The severance can be significantly higher than the statutory rule of thumb if the employer sees a high litigation risk. In the marathon runner’s case, exactly this may have happened: the employer feared the dismissal would not hold up in court and offered a high severance payment.
Negotiating Severance: How High Settlements Come About
The amount of a severance payment is a matter of negotiation. There is no statutory entitlement to severance unless the employer expressly offers it in the dismissal letter (for example under Section 1a KSchG – but this only applies if the employer makes that specific offer). In practice, severance is frequently agreed in a settlement before the labor court. The rule of thumb of 0.5 to 1 gross monthly salary per year of service serves as a benchmark, but is no guarantee. For a comprehensive overview of severance basics, we recommend our pillar page on severance after dismissal. Decisive factors are the prospects of success of the unfair dismissal claim, the length of service, age, and the employer’s financial situation.
If you receive a dismissal, you should file an unfair dismissal claim within three weeks to preserve the deadline. Only then can you negotiate a severance payment at all. A high severance payment like in the marathon runner’s case is possible if the employer wants to avoid the risk of a trial. The stronger your position – for instance because the dismissal has formal defects or the allegation cannot be proven – the higher the severance. The employer’s conduct can also play a role: if they have acted inappropriately, this can increase the severance and protect against benefit sanctions, as we explained in an earlier article. It should be noted that sick leave and severance can be closely linked: if the employer uses the sick note as a pretext for dismissal, this can influence the severance amount.
An experienced specialist employment lawyer can realistically assess your chances and negotiate for you. The rule applies: the better prepared you are, the higher the likelihood of a good settlement. A severance payment can also make sense if you already have a new job lined up or are planning a career break. Bear in mind, however, that severance payments are taxable and can in some cases lead to blocking periods for unemployment benefits. Seek tax advice as well.
Your Options: Observe Deadlines and Engage a Specialist Lawyer
If you receive a dismissal – whether because of a marathon run or for other reasons – swift action is required. The most important deadline is the three-week period for filing an unfair dismissal claim. If you miss this deadline, the dismissal becomes legally effective even if it was unjustified. You should therefore contact a specialist employment lawyer immediately to assess the prospects of success and file the claim.
At the same time, you should gather all relevant documents: employment contract, dismissal letter, sick notes, medical certificates, correspondence with the employer. These documents help your lawyer strengthen your position. Witness statements – for example from colleagues or doctors – can also be important. In the marathon runner’s case, the question could be whether the run actually contradicted the incapacity for work or whether the employee was able to run the marathon for health reasons without endangering recovery. Such details decide the outcome of the proceedings.
Legal representation is not mandatory but strongly recommended. A specialist lawyer knows the current case law and can represent your interests in court. If you cannot afford to litigate, there are options such as legal aid or litigation funding. A litigation funder like RechtStark examines whether they will cover the costs of your claim and receives a share of the severance in the event of success. This allows you to enforce your rights even without financial means. If you are dealing with a marathon on sick leave situation, you should seek legal advice promptly.
In summary, the marathon runner’s case shows that even where there is an alleged abuse of sick leave, a high severance payment is possible. The circumstances of the individual case, the evidence, and the negotiation strategy are decisive. If you are affected, observe your deadlines, get professional help, and do not let yourself be intimidated. With the right support, you can achieve a good solution even in difficult situations.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.