Advertisement

Reader question: Does my Swiss employer have a right to fire me when I'm sick?

Helena Bachmann
Helena Bachmann - [email protected]
Reader question: Does my Swiss employer have a right to fire me when I'm sick?
Getting sick in Switzerland may get you fired, but not immediately. Photo by cottonbro from Pexels

If you miss work due to illness, you might be worried about your rights at work. This is what Switzerland’s labour law says about being dismissed while on a sick leave.

Advertisement

Being laid up with an illness is bad enough without having to worry about being let go from your job.

Generally speaking, workers in Switzerland are well protected through labour laws and collective agreements between employers and professional associations or trade unions, which set the terms and conditions of employment.

These categories are wide-ranging, including wages, holiday time, leaves of absence, as well as worker’s and employer’s rights during illness-related absences.

So what happens if you fall ill?

If you are absent for more than three days, you must present a medical certificate mentioning your diagnosis and how many days (or weeks or months) you will be absent from work.

Advertisement

During this time you will continue to receive your salary for a period of time based on the duration of your employment (see below) and whether your company has a sickness benefit insurance for employees.

In this case, you will continue to be paid for up to 730 days for illness that lasts over 900 days.

But while most employers in Switzerland have this insurance, some don’t. If you happen to work for the latter kind, you will continue to get your salary but for a very limited period: three weeks in the first year of employment, with increases for every additional year, up to a maximum of four months.

This period does, however, vary depending on the canton.

Does this mean you can’t be fired while sick?

No, your job is not going to be there waiting for you until you recover — you are protected from dismissal only for a limited period of time, depending on how long you have been employed at a company.

Your boss must keep you on for:

  •        30 days in the first year of work;
  •        90 days from the second to the fifth year of work; and
  •       180 days from the sixth year of work.

The only exception to this rule is if you get sick during the trial or probation period — usually between one or three months after you start a new job.

If that’s the case, the employer has the right to terminate your contract.

Advertisement

What if you fall ill after receiving or giving notice — in other words, you already know you will be leaving your job at a previously determined time?

If this happens, the notice period is postponed for the duration of your sick leave, and will resume once you are able to return to work.

More information about dismissal during sick leave can be found here.

The same rules apply if you are laid up after an accident — for the purposes of your employment, illness and post-accident recovery are the same.

Other absences

Situations might come up when you have to take time off for work for reasons other than sickness. Can you be fired?

In Switzerland, employees are allowed to take paid absence due to extreme or extraordinary situations other than sickness, including accidents, military service, marriage, and death of a close relative.

You can find out more about what absences are permitted under the law, including maternity and paternity leave here:

Everything you need to know about annual leave in Switzerland

And this is a useful guide about the employment laws all people working in Switzerland should know:

Getting fired in Switzerland: The employment laws you need to know about

Please keep in mind that this is a guide only and should not take the place of qualified legal advice. 
 

More

Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.

Please log in to leave a comment.

See Also