Berner Skala: Swiss Continued Pay Scale
The Berner Skala is a legally mandated pay scale that determines what percentage of an employee's salary you must continue paying during absences like illness, workplace accident, or mandatory military/civil service. It varies by canton and is built into Swiss employment law (ArG). Most SMEs follow their cantonal norm automatically via GAV or statutory requirement.
The Berner Skala (also called 'continued pay scale' or 'Lohnfortzahlungsskala') sets out how many days of paid leave at full or reduced salary an employer must guarantee during unplanned absences—chiefly illness and accident.
Named after its origin in canton Bern, this scale now applies across most of Switzerland via cantonal law and collective labour agreements (GAV). Your obligation depends on your canton and whether your company is bound by a specific GAV.
When the Berner Skala applies
The Berner Skala kicks in whenever an employee cannot work due to illness, non-occupational accident, or absence for military/civil service. It does not cover vacation, parental leave, or disciplinary suspension.
Swiss employment law (ArG, Articles 324–329) sets minimum standards. Most cantons and GAVs layer additional protection on top. Your specific obligations are determined first by canton law, then by any applicable collective agreement your company has signed.
- Illness or injury (non-occupational): typically 3 days in year 1, escalating by length of service
- Occupational accident: usually covered separately by mandatory accident insurance (UVG)
- Military or civil service: statutory minimum, often 3 days per year
- Maternity leave: governed separately (at least 14 weeks at 80% pay under federal law)
- Death in the family: 1–3 days depending on canton and employer policy
- Court appearance or jury duty: employer must release employee; pay rules vary by canton
Your obligation as an employer
You must continue paying salary (in full or at the percentage specified by your canton's Berner Skala) for the number of days mandated. Failure to do so can result in claims under the ArG or cantonal labour law.
Document absences clearly and track which Berner Skala applies to each employee. If your company is subject to a GAV, that agreement supersedes the statutory minimum—often offering better terms to employees. Consult your industry association or a labour lawyer about your specific obligations.
- Pay at least the minimum percentage set by your canton for the mandated number of days
- If bound by a GAV: comply with the agreement's pay scale, which typically exceeds statutory minimums
- Keep clear records of absence type, duration, and salary paid during each absence
- Require a medical certificate (Arztzeugnis) from day 3 of illness, or sooner if your company policy allows
- Do not deduct continued pay from future vacation or bonus entitlements
- Review your cantonal rules and any applicable GAV annually—scales are sometimes adjusted
Most common mistake
Many SME founders assume the Berner Skala is identical everywhere in Switzerland or that a simple percentage (e.g., '80% for 3 days') applies universally. In reality, the scale depends heavily on canton, length of service, and whether a GAV applies.
The other frequent error: treating illness absences the same as vacation or treating them as disciplinary reasons for reduced pay. Swiss law requires uninterrupted salary during qualifying absences, and attempting to claw it back later is illegal. If unsure, consult a Swiss labour lawyer before changing your absence policy.
- Assuming your Berner Skala is the same as a competitor's in another canton
- Paying less than the statutory or GAV-mandated percentage during illness
- Failing to distinguish between occupational accident (covered by UVG insurance) and non-occupational illness
- Requesting a medical certificate before day 3 without explicit company policy in place
- Deducting continued-pay amounts from final salary or bonus when employment ends
- Not updating your policy when canton law or GAV rates change
Frequently asked questions
- Do I have to pay 100% salary during the first three days of illness?
- No. Most cantons require 80% of salary for the first 3 days of illness. Some cantons (e.g., Zurich, Geneva) have slightly different rules. Your specific canton's Berner Skala and any applicable GAV determine the exact percentage and days. Check with your cantonal labour office or trade association to confirm.
- What happens if an employee is absent for more than the Berner Skala allows?
- Once the mandated days are exhausted, you are generally not required to continue paying. However, if absence continues, you may be required to hold the employee's job or provide disability insurance coverage depending on length and canton. Consult a labour lawyer if absence extends beyond 30 days.
- Does the Berner Skala apply if my company has a GAV?
- Yes, but the GAV usually supersedes the Berner Skala—typically offering employees more generous terms (more days, higher percentages, or faster escalation). You must comply with whichever standard is more favourable to the employee. Review your GAV carefully.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.