Marathon despite being on sick leave

A doctor's note is decisive

While on medically certified sick leave, an employee successfully participated in a marathon. The employer questioned her illness but lost the lawsuit filed by the plaintiff regarding continued salary payments at the Baden-Württemberg Regional Labor Court.

According to the judges, a medical certificate carries significant probative value

The court concluded from the testimony of the doctor who issued the certificate that the certificate of incapacity for work was not issued lightly, irresponsibly, or possibly out of mere courtesy. The doctor had reported that the plaintiff had described having problems at work and was unable to go to work for psychological reasons. Due to the internal tensions, the doctor had no reason to deny the employee the ability to participate in the marathon or to prohibit her from participating.

Physically fit individuals are permitted to engage in sports

The judges did not hold the employee’s participation in the marathon against her. In their view, the decisive factor is the physical fitness of the individual in question. What might push one person to the brink of exhaustion may pose no problem for another highly trained individual, such as the plaintiff. Therefore, the employee’s claim to continued payment of her full salary was upheld.