Sick Leave and Work Incapacity (Krankheit und Arbeitsunfähigkeit)
Krankheit und Arbeitsunfähigkeit refers to an employee's absence due to illness or injury preventing work. Swiss law (ArG) requires employers to continue paying wages during the first 30 days in many cantons, though duration varies. A medical certificate is typically required after three consecutive days. Your obligation begins day one; mistakes often involve incorrect wage calculations or refusing certificates too early.
When an employee falls ill or suffers an injury that prevents them working, they are in a state of Krankheit und Arbeitsunfähigkeit. This is not a choice—the employee cannot perform their duties safely or effectively. Unlike holiday or time off, it is involuntary and medical in nature.
Swiss employment law (Arbeitsgesetz, ArG) and cantonal law set out your obligations as an employer. The rules differ slightly by canton, but the principle is consistent: you must continue paying wages for a defined period while the employee recovers.
When This Comes Up
An employee tells you they are ill and cannot come to work. They may provide a doctor's note, or they may call in sick without one. This can happen once or repeatedly. The first day counts immediately—you cannot ask them to wait for a medical certificate before accepting the absence.
Sick leave also arises when an employee has an accident (work-related or not), surgery, or a condition requiring recovery time. The employee's duty is to inform you promptly and, after three consecutive days, provide a medical certificate from a doctor.
- Employee is ill or injured and cannot work safely
- Medical certificate required after 3 consecutive days (cantonal rules may vary)
- Wage continuation is mandatory from day one in most cantons
- First absence does not need a certificate; repeat absences do
- Works whether the cause is work-related or personal health
- Does not count as vacation or paid time off
Your Obligation as Employer
You must pay the employee's regular wage during sick leave for a minimum period set by your canton and industry. Most cantons require full wage continuation for 30 days in the first year of employment; this may increase with length of service. Check your cantonal ArG rules and your collective labor agreement (GAV) if one applies.
You must accept a medical certificate from a licensed doctor (Arzt or Ärztin). You cannot demand a specific doctor—the employee's own physician is valid. During longer absences, you may request further certificates at reasonable intervals (typically every 30 days). Refusing a valid certificate or punishing an employee for being sick breaches Swiss employment law.
- Pay full or reduced wages (per canton and ArG) for typically 30 days minimum
- Accept medical certificates from any licensed Swiss doctor
- Request updates every 30 days if absence exceeds initial period
- Cannot require your own company doctor for the first certificate
- Cannot reduce wage or impose penalties for legitimate sick leave
- Must treat sick leave data confidentially under revDSG (data protection)
The Single Most Common Mistake
Employers often calculate wage continuation incorrectly. If the employee works 80% Pensum (part-time), you pay 80% of their regular daily or monthly wage—not the full wage. Mistakes also arise when mixing bonuses, commissions, or irregular supplements into the sick-leave wage calculation.
Another frequent error is refusing to accept a medical certificate or requesting one too early (before three days). This creates legal exposure. Also avoid pressuring employees to return before they are fit, or treating sick leave as a disciplinary matter. The ArG protects employees' right to recover without penalty.
- Calculating full wage for part-time (Pensum) employees instead of percentage
- Asking for a certificate before 3 consecutive days have passed
- Refusing a valid certificate from the employee's own doctor
- Docking wages or issuing warnings for legitimate absences
- Ignoring cantonal or GAV rules on wage-continuation length
- Not keeping medical data private under Swiss data protection law (revDSG)
Frequently asked questions
- Can I ask for a medical certificate on the first day of illness?
- No. Swiss employment law requires a medical certificate only after three consecutive days of absence. On days one, two, or three, the employee's notification is sufficient. Demanding a doctor's note earlier is a common breach. After day three, a valid certificate is your right and the employee's obligation.
- What wage do I pay during sick leave?
- Most Swiss cantons require full wage continuation for the first 30 days under the ArG. Check your canton's specific rule and your GAV (if applicable), as some industries and cantons offer longer coverage. For part-time staff, pay the percentage of their normal wage: an 80% Pensum employee receives 80% of regular wage, not the full amount.
- What if the employee is absent frequently but always has a valid certificate?
- Repeated absences, even with valid certificates, may point to an underlying medical issue. You cannot dismiss or penalize the employee solely for being ill. However, if the absences prevent business continuity, consult an employment lawyer about your options. In some cases, occupational health support or a disability assessment may be warranted.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.