Employers are obliged to continue to pay their employees 100% of their wages in the event of illness (whether corona or other illness) for a certain period of time. According to the Swiss Code of Obligations OR, the minimum period is three weeks in the first year of employment, after which the salary must be paid for a reasonably longer period, depending on the length of the employment relationship and the special circumstances. According to court practice, the salary is based on the salary continuation scale of the respective canton.
The entitlement to continued salary payments is calculated per year of employment and begins anew with each year of employment. Several absences in the same year are added together. In the event of irregular wages, the calculation is based on a representative period of up to one year.
In the case of a medical certificate, the employer may be accommodating in the current situation and demand it from the fifth day of illness at the earliest (otherwise usually from the third day). In this way, health care facilities are not additionally burdened.
Sick Pay Insurance
Taking out sick pay insurance is optional for employers. Sick pay insurance protects employers from the lawful obligation of continued payment of wages and the domestic help from an early loss of salary.
If the employer has taken out optional sick pay insurance, he continues to pay at least 80% of the employee’s average salary during the waiting period (at quitt the waiting period equals 30 days). If the employee is unable to return to work within the waiting period, sick pay insurance will kick in. The employee will receive 80% of his or her salary for up to a maximum of 730 days.