Sick leave: These legal regulations apply in Switzerland

If a doctor has written you off sick, this means that you have been categorised as temporarily unfit for work from a medical point of view. Your recovery comes first. The duration of a sick note depends on the nature of your illness and the type of work you do. If you have a broken leg, you will certainly have to wait longer before you can work in the catering industry than if you have a sedentary office job. A doctor will also always take into account the risk of infection. Both a general practitioner and a specialist can write you off sick.

This depends primarily on the clauses in your employment contract. If nothing is stipulated in it, check the company's personnel regulations. Most employers stipulate that a medical certificate is required from the third or fourth day of illness at the latest. However, an employer can actually request a medical certificate from the very first day.

According to the Swiss Civil Code (CC), you as an employee have the burden of proof (Article 8 CC). If you are on sick leave for a longer period of time, you must submit new medical certificates to your employer without being asked.

In this case, you may face consequences due to a breach of company regulations. As a rule, you will first receive a warning and a request to submit a medical certificate. However, this only has an impact on the continued payment of wages if you cannot prove by other means that you are actually ill. Refusal to undergo a medical examination and obtain a doctor's certificate can also mean that continued payment of wages in the event of illness is cancelled. However, the submission of an employer's reference is not directly related to continued payment of wages. However, your employer may refuse to do so due to a breach of company regulations.

Sick note: What information must a doctor's certificate contain?

There are no specific legal requirements regarding the form and content of a doctor's certificate, but it must be formulated clearly and unambiguously. It must be clear to the employer whether you are on full or partial sick leave. If you have been declared partially unfit for work by your doctor, the medical certificate must state how many hours you are allowed to work based on their medical recommendation or which activities you should not carry out. If a doctor's certificate is unclear, the employer may request a new one or ask you to consult a doctor of their choice.

Medical confidentiality

The medical certificate does not contain a diagnosis. If you expressly request this information, ask your doctor about it. You can then temporarily release him from his duty of medical confidentiality. Medical confidentiality refers to the fact that the reason for your sick leave must be kept secret from third parties. However, your doctor may provide your employer with information about the duration and extent of your incapacity for work. You should tell your employer whether it is due to illness, an accident or pregnancy. However, you do not have to provide more detailed information.

What am I allowed to do under Swiss labour law if I am on sick leave?

If you are on sick leave, this does not necessarily mean that you have to stay in bed. If you are not in quarantine or have been prescribed strict bed rest, you are allowed to leave the house. The appropriate behaviour always depends on the individual case. For example, shopping at the supermarket or going for a walk is permitted if you have a cold. Visiting a restaurant with a broken leg is not recommended, but does not immediately lead to cancellation. You may also engage in light sporting activities if they are "conducive to recovery", especially if your doctor recommends them as part of a rehabilitation programme, for example.

You must not do anything that is considered "behaviour contrary to recovery". This requirement also depends on the circumstances. Meeting a friend in a café is not necessarily classed as behaviour contrary to recovery, but going to a club, including excessive alcohol consumption, is. If you go for a short walk with the flu, this should be fine. However, if you want to take part in a marathon, you should wait until you are fully recovered. Before your employer can dismiss you for behaviour that is contrary to your health, they must first give you a warning. Dismissal without a warning is only permissible if your behaviour is extremely unhealthy, for example if you participate in an extreme sport with a physical injury.

Reason for dismissal: feigning incapacity for work

If you are on sick leave, you should still be careful with your leisure activities. Although it is difficult for the employer to enforce a termination without notice due to behaviour contrary to recovery, the situation is different in the case of feigned incapacity for work. If you are accused of this, it is generally advisable to seek advice from a lawyer.

Sick leave and dismissal: Special protection against dismissal in the event of illness and accident

According to Article 336c of the Swiss Code of Obligations, employees are particularly protected against dismissal during illness or accident after the end of the probationary period. The blocking period, during which dismissal is excluded, is 30 days in the first year of service. From the second to the fifth year, they enjoy this protection for 90 days, after which the number increases to 180 days. Work-related incapacity for work with a physical connection is excluded from this protection. Nevertheless, an employer can only terminate the contract in rare exceptional cases, for example in the event of wilful faking of incapacity for work.

What happens if I am on sick leave during my holiday?

If you fall ill while on holiday, have a doctor's certificate issued. This is because you can only take these days as holiday at another time if you present them to your employer. The reason for this is that, according to the law, holidays are intended for recreation and this purpose is not fulfilled if you are ill.

Travelling despite illness

The question of whether you are allowed to go on a planned holiday trip even though you are on sick leave depends on the individual case and the type of illness. In principle, your doctor must be in favour of this. In some cases, a trip can even be recognised as promoting recovery, for example in the case of burnout. If you only have a minor illness and are travelling, it is possible that the corresponding days will not be credited to you, as illness and recovery are no longer mutually exclusive in this case.

In addition to the employment contract, entitlements to continued payment of wages are also regulated in Article 324 CO. The law states that employees have the right to continued payment of wages in the event of illness if they are unable to work through no fault of their own and if the reason lies in their own person. After the end of the probationary period, this is not linked to a specific period of employment. However, the extent of continued salary payments depends on your years of employment. There are also cantonal differences. You can find an overview of this in the Basel, Bern and Zurich scales. It is also common for Swiss companies to take out daily allowance insurance, which usually covers 80 to 100 per cent of lost wages for 720 days.

In principle, you may return to work of your own free will if you feel healthy, even if you are still on sick leave. To ensure that you are not jeopardising your health, it is advisable to visit your doctor again, who can confirm your fitness for work and shorten your sick leave accordingly. If, on the other hand, your employer asks you to return to work earlier even though you are still recovering, this is illegal. If problems arise, you can contact a labour law attorney at any time.