Lohnfortzahlung: Your Obligation to Pay During Sick Leave
Lohnfortzahlung is your legal obligation to continue paying an employee their full salary during unforeseeable illness or accident, typically for 3 days before your company insurance (Krankentaggeldversicherung) takes over. The duration and conditions vary by canton and employment contract, so verify your local rules and policy before your first claim.
Lohnfortzahlung means you must pay an employee their normal salary during unexpected illness or injury, even though they cannot work. This is a core Swiss employment protection.
The law does not set one national duration. Instead, the Civil Code (ZGB Art. 324a) requires 'reasonable compensation' for the first period of incapacity, and each canton sets its own standard—usually 3 days. Your employment contract or company policy may promise more.
When Lohnfortzahlung Applies
Lohnfortzahlung applies when an employee cannot work due to unforeseeable illness or accident—not resignation, voluntary absence, or pre-planned medical procedures. The employee must report the absence and provide a medical certificate (usually by day 3).
It does not apply to maternity/paternity leave (which has separate federal rules), military service, or approved sabbaticals. If an employee is on long-term sick leave, your company's Krankentaggeldversicherung typically takes over after the Lohnfortzahlung period ends.
- Unforeseeable illness or accident only—not planned surgery or voluntary time off
- Medical certificate required (Arbeitgeber-Zeugnis) by day 3 in most cantons
- Payment continues at full daily wage (100% of normal salary divided by working days)
- Duration: typically 3 days, but check your canton's standard and your employment contract
- Insurance (Krankentaggeldversicherung) usually covers days 4 onwards
- Does not apply to maternity, paternity, military service, or sabbatical leave
Your Legal Obligation and Canton Rules
Swiss law requires Lohnfortzahlung, but the duration is not uniform. Zurich, Bern, and Geneva typically guarantee 3 days; some cantons offer more. Always check your canton's employment standards and your Gesamtarbeitsvertrag (GAV) if one applies to your industry.
Your employment contract can be stricter—for example, promising 5 days instead of 3. If you do, you are bound by that promise. Most SMEs carry Krankentaggeldversicherung starting from day 4 to protect cash flow on longer absences.
- Federal law (ZGB Art. 324a) requires 'reasonable' compensation; cantons define the standard
- Most cantons set 3 days as the baseline (Zurich, Bern, Geneva, Lucerne)
- Some cantons or industries offer 5 or 10 days via GAV—check your sector agreement
- Your contract can promise more than the cantonal minimum, but not less
- Krankentaggeldversicherung typically starts on day 4 and covers up to 720 days in some policies
- Document your policy in the Arbeitsvertrag to avoid disputes when illness occurs
The Most Common Mistake
Many SMEs assume 'no work, no pay' is legal. It is not. If you pay only after insurance kicks in (day 4 onwards) and refuse the first 3 days' salary, employees can claim the shortfall. This is the single most costly misunderstanding.
The second mistake is not documenting your Lohnfortzahlung policy in the employment contract. If a dispute arises, the employee can argue for the cantonal standard or GAV minimum. Write it down: 'Lohnfortzahlung is paid for [X] days as required by [canton] law' or 'as per company policy [Y days].'
- Not paying the first 3 days (or your canton's minimum) because insurance has not yet taken over
- Failing to document your policy in the employment contract—this invites disputes
- Refusing payment without a medical certificate, even though the employee is genuinely ill
- Calculating daily wages incorrectly (divide monthly salary by actual working days, not 30)
- Treating planned surgery or pre-announced leave as sick leave
- Not confirming your Krankentaggeldversicherung covers day 4 onwards—verify your policy terms
Frequently asked questions
- Does Lohnfortzahlung apply if an employee calls in sick without a medical certificate on day 1?
- Yes, you must pay day 1. The medical certificate is required by day 3 in most cantons, not day 1. However, if the employee never provides one and the illness is unverified, you can investigate. If fraud is proven, you may withhold pay and take disciplinary action. In disputes, consult an employment lawyer.
- Our company has Krankentaggeldversicherung starting from day 1. Do we still owe Lohnfortzahlung for days 1–3?
- Yes. Your legal obligation to pay (Lohnfortzahlung) runs parallel to your insurance. If your policy starts day 1, the insurer reimburses you, but you must still pay the employee directly. Check your policy: some insurers skip the first 3 days (Franchise) precisely because the employer is liable.
- An employee is on sick leave for 8 weeks. Do we pay all 8 weeks?
- No. You pay Lohnfortzahlung (typically 3 days). Then your Krankentaggeldversicherung takes over (usually day 4 onwards, up to 720 days). If it expires or does not cover the full absence, the employee may receive Unemployment Insurance (Arbeitslosenmeldung) or disability benefits. Consult your insurer and, if needed, a labour lawyer.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.