Sick leave in Switzerland 🤒

Understanding sick leave 🤒

Sick leave refers to an inability to work due to illness, whether partial or total, regardless of its duration. It can be certified by a doctor by means of a medical certificate or recognized by the sick employee simply by informing their employer. In Switzerland, sick leave related to pregnancy is also considered an illness.

Managing sick leave: an HR perspective 🎯

The value of a well-defined sick leave policy ✅

It is preferable to specify the treatment of sick leave in company regulations. The advantages of this are as follows:

• Transparency regarding the rights and obligations of employees and employers.
• Guarantee of fair treatment of employees.
• Avoiding disputes.
• Employees can take out supplementary insurance to supplement the coverage provided by their employer.

Sick leave procedures and employee rights 📜

The right to salary and the procedure to be followed by the sick person are, among other things, provisions that should be mentioned in a company policy. It is common, for example, to ask the sick employee to promptly inform their manager and/or the human resources manager and to provide a medical certificate from the fourth day of absence.

The employer is free to decide on a more or less flexible approach in the event of illness, provided that they comply with at least the Code of Obligations (CO) and the applicable collective agreements.

The impact of sick leave on vacations 📅

Any reduction in annual leave entitlement is also an important point to mention in company regulations. Article 329b of the Swiss Code of Obligations (CO) stipulates that if an employee is prevented from working for more than one month in total during a year of service through their own fault, the employer may reduce their annual leave entitlement by one twelfth for each full month of absence. This period is increased to two full months in the case of pregnancy.

The employer may decide to be more generous and not make any reductions.

Compensation during sick leave 💰

An employee's right to sick pay generally depends on whether or not the employer has taken out daily sickness benefit insurance.

If the employer has not taken out insurance, Article 324a, paragraph 2, of the Code of Obligations must be applied. It stipulates that during the first year of service, provided that the relationship has lasted more than 3 months, the employer must pay the salary for 3 weeks. After the first year of service, the salary is paid for a longer period determined on an equitable basis, taking into account the duration of the employment relationship and the specific circumstances.

Due to the lack of precision in this article, payment scales have been established. For example, the Bern scale, often used in these situations, is as follows:

• 3 weeks in the first year of service
• 1 month in the second year of service
• 2 months in the 3rd and 4th year of service
• 3 months from the 5th to the 9th year of service
• 4 months from the 10th year of service
• 5 months from the 15th year of service
• 6 months from the 20th year of service*

*Starting from the 20th year of service, one additional month is granted for each additional 5 years of service.

If, on the other hand, the employer has decided to take out insurance, it must cover at least the following benefits:

• Payment of 80% of salary.
• Coverage for incapacity for work for 720 days over a period of 900 days.
• At least 50% of the insurance premium must be paid by the employer.

The employer may request better benefits, such as reimbursement of 90% or even 100% of the salary. Of course, the higher the coverage, the higher the premium.

Sick leave during vacations 🏖

Getting sick during the holidays 😷

Legal doctrine and the Federal Chancellery recognize that employees may recover vacation days if the incapacity occurs during vacation and the employee provides a dated medical certificate. (Carruzzo Philippe, Le contrat individuel de travail [The Individual Employment Contract], Zurich 2009; Eric Cerrottini, Le droit aux vacances [The Right to Vacation], Thesis, Lausanne).

Given that there is still no ruling from the Federal Court on this issue, it is advisable to exercise caution and pragmatism and ask the employer to cancel the days of leave only if the condition is very likely to prevent the achievement of the objective of the vacation as provided for by law, i.e., rest. For example, not being able to travel abroad is not in itself a sufficient argument.

Taking a vacation while on sick leave 🏝

Here again, the answer cannot be limited to a simple yes or no. The activity carried out during the vacation must be related to the condition.

While going on vacation while unable to work due to depression does not call into question the medical certificate, the same cannot be said for a skiing vacation when suffering from knee tendonitis.

In any case, we always recommend requesting prior authorization from the insurer to avoid any disappointment caused by the cessation of daily allowance payments.

Dismissal of a sick employee 📝

It is commonly believed that it is illegal to dismiss an employee who is ill. This is not true. In fact, an employer has the right to dismiss an employee after complying with the following protection periods (Art. 336c, para. 1, CO):

• 30 days in the first year of service
• 90 days from the 2nd to the 5th year of service
• 180 days from the 6th year of service

These periods are also void if the dismissal is immediate for just cause. There is also no protection during the trial period for fixed-term contracts or contracts concluded for a period of less than 3 months.

It should be noted that if the employer has taken out daily sickness benefit insurance, the insurer will continue to pay benefits to the employee after the end of the employment relationship until the end of the 720 days and as long as the incapacity is recognized.

Strategies for reducing absenteeism 📉

The number of absences due to short-term illness can often be reduced by improving working conditions.

A link between absenteeism and well-being at work has been demonstrated for several years. An employee who feels recognized and motivated, who enjoys a good work-life balance, and who works for a respectful and caring company will be less absent than an employee whose working conditions are less favorable.

Similarly, if employers are understanding, show genuine empathy toward employees who are absent for long periods of time, and do everything possible to ensure their safe return, some sick leave can be significantly reduced. To help employers, many specialized companies offer workplace health management services. Don't hesitate to call on their services.

How Earny help you 🤝

At Earny, we understand the intricacies of managing payments during sick leave as part of payroll management. We are committed to simplifying payroll processes and promoting transparency in your workplace.

Effective payroll management 💼

Our advanced software streamlines payroll management during sick leave. It facilitates the tracking of employee absences and ensures appropriate compensation. We work strictly in accordance with the Swiss Code of Obligations (CO) and any applicable collective agreements, providing accurate and transparent payroll solutions.

Customized solutions tailored to your specific needs 🎯

We understand that every business faces unique challenges when it comes to payroll management. Earny customized solutions that meet your specific needs. Our goal is to simplify your HR tasks, allowing you to focus more on promoting a supportive and positive work environment. Let's build a healthier workplace together with Earny.

Conclusion

Sick leave is part of everyday life in a company. If it is managed well and handled with care and professionalism, it will be easier to deal with for both the employer and the employee.

List of sources 📚

Code of Obligations (CO)

https://www.seco.admin.ch/

https://www.questiondedroit.ch/conge-maladie-suisse/#rappel