Worker Fired for Running Marathon While on Sick Leave Wins €60,000

A French employee has been awarded 60,000 euros in compensation after an employment tribunal ruled that his dismissal, which followed his participation in a marathon while on sick leave, amounted to unfair dismissal.

According to the report, the man had been signed off work for medical reasons when his employer learned that he had taken part in a marathon during his period of leave.

The company subsequently decided to terminate his employment contract, apparently concluding that his ability to run such a distance contradicted his claim of illness.

The employee disputed this reasoning and brought the matter before an employment tribunal, arguing that his dismissal was not justified.

The tribunal sided with the worker, finding that the employer had not adequately proven that the dismissal was based on a genuine and legitimate cause.

As a result, the company was ordered to pay 60,000 euros in damages to compensate the former employee for the unfair dismissal.

The report does not specify the nature of the employee's illness, the date of the marathon, or further details about the company involved.

The case highlights a recurring legal question in French employment law: whether physical activity undertaken during sick leave can, by itself, serve as proof that an employee is not genuinely unwell.

Courts have previously indicated that such activities do not automatically invalidate a medical certificate, since the nature of an illness may not prevent all forms of physical exertion.

This ruling arrives amid a broader national debate in France concerning sick leave policy, including proposals to tax certain sick pay for patients with long-term conditions, as well as discussions about introducing a waiting period, or 'carence', before sick pay payments begin.

Pharmacies and other stakeholders have also expressed concern about how potential changes to sick leave rules might affect them financially.

Legal experts suggest that this case serves as a reminder to employers that dismissing an employee for conduct during sick leave carries significant legal risk unless the employer can clearly demonstrate that the absence itself, or the employee's conduct, was fraudulent.

The decision is likely to be cited in future disputes concerning the boundaries between an employee's right to privacy during sick leave and an employer's right to verify genuine incapacity to work.