Sick — now what? An overview of the employer's obligation to continue paying salary under Swiss law — the Bern, Basel and Zurich scales — and the role of daily-sickness-benefit insurance.
Art. 324a CO obliges the employer to continue salary payments in case of the employee's unfault prevention from work — illness, accident, statutory duties such as military service, maternity. The amount and duration depend on years of service and the course of illness.
How long must the employer pay?
In the first year of service, three weeks. After that, 'an appropriate longer period' whose concrete duration is measured by the cantonal scales — the most common being the Bern, Basel and Zurich scales.
Bern scale (most widely used)
1st year of service: 3 weeks. 2nd year: 1 month. 3rd-4th year: 2 months. 5th-9th year: 3 months. 10th-14th year: 4 months. From the 15th year: 6 months.
Basel scale
1st year: 3 weeks. 2nd year: 2 months. 3rd-4th year: 3 months. 5th-10th year: 4 months. Over 10 years: 6 months.
Zurich scale
1st year: 3 weeks. 2nd-3rd year: 8 weeks. 4th-10th year: 11 weeks. Over 10 years: 14 weeks — increasing in tiers with additional years.
Which scale specifically applies is a matter of cantonal court practice. In practice all three scales are permissible and comparable — the difference is in the detail.
Daily-sickness-benefit insurance — the more common solution
Many employers conclude a sickness daily-benefit insurance that, after a short waiting period (often 14 or 30 days), covers 80% of the gross salary for up to 720 or 730 days within 900 days. This replaces the employer's continued-salary obligation — provided the conditions of the insurance are at least equivalent, which has been repeatedly examined by the Federal Supreme Court.
Important: The waiting period is in principle borne by the employer. As for the premium share — unless otherwise agreed — Art. 324a CO applies by analogy: half and half between employer and employee, provided the employee bears a share of at most 50%.
Who must report what when?
The employee must report the illness immediately and submit a medical certificate — usually from the third day of illness, which can be shortened in the employment contract. A longer-lasting certificate should be regularly renewed.
The employer can request a medical examination by a trusted doctor if there are legitimate doubts about the inability to work. The examination must be proportionate and reasonable; the employee generally does not bear the costs.
Protection period and termination protection
During illness a protection period applies (Art. 336c CO): 30 days in the 1st year of service, 90 days in years 2-5, 180 days from the 6th year. A termination by the employer within this period is void — it must be reissued after the protection period ends, and the notice period only begins then.