Leave for a Death in the Family
Leave for a death in the family is paid time off an employee receives after a close relative dies. Swiss law does not set a single national standard—instead, the Code of Obligations (OR) requires "reasonable" leave, and cantons, collective labour agreements (GAV), and individual contracts define what that means. Most Swiss employers grant 3–5 days for immediate family.
When an employee's spouse, child, or parent dies, they need time away from work. The law recognizes this, but the amount varies by canton and whether your company is bound by a GAV.
You must grant leave; the question is how much. If your contract or GAV is silent, Swiss employment law implies a reasonable period—typically interpreted as 3–5 days for close relatives, less for extended family.
When This Obligation Arises
Death in the family comes up when an employee informs you of a relative's death and requests time off. They may tell you immediately or give a few days' notice. Your response sets the tone and affects retention.
The obligation applies to all employees, regardless of Pensum (full-time, part-time, or reduced hours). Probationary employees and contractors have the same rights.
- Immediate family: spouse, registered partner, children, parents
- Extended family: grandparents, siblings, in-laws (usually shorter leave)
- Leave applies whether the death is expected (illness) or sudden (accident)
- Employee may need leave for funeral arrangements, travel, and grief
- Some cantons extend leave if the funeral is abroad
- Religious observances may require additional time (e.g., Shiva, Trauer)
Your Legal Obligation
The Swiss Code of Obligations (OR) requires employers to grant "reasonable" leave for important personal events, including death. This is not a fixed number—it depends on your canton, any applicable GAV, and your employment contract.
Most Swiss employers follow cantonal or industry norms: 3–5 days for spouse or child, 1–3 days for parents or siblings. If you have no written policy, you must still allow time; a lawyer should confirm what your canton expects.
- OR Article 329 requires consideration of personal circumstances
- Cantons (Geneva, Zurich, Bern, etc.) publish informal guidelines; none is mandatory
- If bound by a GAV, check its bereavement clause—it usually takes precedence
- Full pay continues during reasonable leave (not deducted from holiday balance)
- No legal requirement to grant time for distant relatives (cousins, aunts)
- Employer can request proof (death certificate, funeral notice) in some cantons
The Most Common Mistake
Most employers deduct bereavement leave from the employee's annual holiday entitlement. This is wrong. Swiss law treats it as special leave outside the holiday account, similar to jury duty or illness.
The second mistake is applying a one-size-fits-all rule without checking your GAV or canton. A Geneva manufacturer bound by a metalworking GAV may owe more than a self-employed consultant in Appenzell.
- Never subtract bereavement days from holiday balance—they are separate
- Do not deny leave because the employee is in a probationary period
- Do not require a medical certificate (unlike sick leave)
- Avoid 'compassionate leave' policies that are too vague or restrictive
- Get your GAV text in writing; verbal agreements are hard to prove later
- If unsure, offer 3 days for immediate family and consult your canton's labour office
Frequently asked questions
- How many days must I grant for the death of a spouse?
- Swiss law requires "reasonable" leave but sets no fixed number. Most employers grant 3–5 days. Your canton, GAV, or employment contract may specify. If none applies, 3 days is widely accepted as reasonable for immediate family. A lawyer can advise based on your situation.
- Can I deduct bereavement leave from annual holiday?
- No. Bereavement leave is separate from holiday entitlement and should not reduce the employee's paid time off. Swiss law treats it as special leave for a personal event, similar to jury duty.
- What if the funeral is abroad and the employee needs more time?
- Some cantons (e.g., Geneva, Basel) allow extended leave (up to 1–2 weeks) if travel is involved. Check your cantonal guidelines or ask your legal advisor. Even if not required, generosity here reflects well on your company and aids retention.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.