Fired after posting MTB routes on Strava while on sick leave

The case brings back to the table the thin line that separates sports activities compatible with a medical leave from those that may have labor consequences. An Asturian worker has had his disciplinary dismissal confirmed after the courts found it proven that he was undertaking demanding mountain biking routes while on leave for a shoulder injury.

The use of Strava during a medical leave ends in disciplinary dismissal upheld by the Justice

If in 2018 we already learned of a similar case, this time it happened in Spain. As reported by the Voz de Asturias, the Superior Court of Justice of Asturias has ratified the decision of a climate control company based in Oviedo to terminate one of its employees after verifying that, during his temporary incapacity, he was posting high-demand MTB routes on the internet. The ruling fully confirms the previous decision of the Social Court No. 1 of Oviedo and considers the dismissal appropriate for “breach of contractual good faith.”

The events date back to November 4, 2024, when the worker suffered a workplace accident while helping to dismantle a boiler. The mutual insurance company diagnosed him with a shoulder sprain with subluxation, recommended immobilization with a sling for a week, and granted a leave initially expected to last about twenty days.

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However, just two days after the temporary incapacity began, the employee started going mountain biking. Between November 6 and 23, he completed at least seven routes ranging from 35 to 75 kilometers, with elevations exceeding 1,300 meters in some cases and durations that far exceeded three hours. All these activities were recorded on his public Strava profile.

Additionally, on November 26, after another bike ride, the worker went to the hospital due to palpitations and chest pain, remaining hospitalized until the 29th. Although a serious heart condition was ruled out, the episode was noted in the ruling as a consequence of one of the most demanding routes. After being discharged from the hospital, he got back on his bike on November 30 and December 1, with new rides of over two hours also published on Strava.

A few days later, on December 4, he received medical clearance for the shoulder injury as sufficient improvement was noted for him to return to his usual position.

The company opened a disciplinary file considering that the sports activities carried out demonstrated fitness to work and were incompatible with the recovery from the injury. The worker, for his part, denied having simulated ailments, claimed that the mutual insurance company did not expressly prohibit him from riding a bike and argued that the dismissal was related to his condition as a workers' representative.

The courts rejected these arguments. The Social Chamber recalls that not all activities during a leave are punishable, but those that interfere with healing or contradict medical guidelines are. In this case, the mountain biking practiced was deemed incompatible with a shoulder injury for which immobilization had been indicated, even noting an initial worsening of the clinical picture.

The ruling indicates that engaging in contraindicated activities during a medical leave, even if they do not constitute work, represents a breach of contractual good faith and justifies disciplinary dismissal.