Sick pay in Switzerland (Lohnfortzahlung) and employer duty of care
Published 2026-10-19 · Updated 2026-10-19 · 3 min read · 3 sources · Verified Swiss federal benchmarks
Direct answer
Employers must continue salary for a reasonable period when you are unable to work through no fault of your own (CO Art. 324a). Many contracts and scales (often linked to Bern, Zurich, or Basel formulas) define weeks of pay; beyond that, daily sickness insurance may pay if you are insured.
Key facts
- Legal basis: employer duty of care and salary continuation (Art. 324a CO).
- Contract or scale often sets continuation weeks; check your GAV or staff regulations.
- Daily sickness allowance (KTG) replaces part of salary once insured and after any waiting period.
- Report illness promptly; a medical certificate is usually required from day 3 or per contract.
- Accident during commute may fall under UVG rather than sickness continuation.
Art. 324a CO: what the employer owes
Swiss law requires the employer to protect the employee’s personality and economic position. When sickness prevents work, the employer must continue salary for a reasonable duration unless something else was validly agreed.
In practice, employment contracts, staff rules, or collective agreements reference cantonal salary-continuation scales. Bern, Zurich, and Basel scales are common benchmarks for how many weeks full pay continues by years of service. Read your documents rather than assuming a single national number.
The scale row for your tenure is the starting point. Some firms exceed scales; others start KTG after a short employer-paid waiting period.
Example: monthly salary CHF 6,000 and KTG after employer weeks
Suppose a scale grants three weeks full employer pay in year two, then KTG at eighty percent after the waiting period in the policy. Weeks one to three might still be employer-paid at CHF 6,000 gross for a full month; partial months are pro-rated.
After the scale ends, KTG pays insured earnings per policy. Track payslips and insurer statements separately.
| Phase | Typical payer | What to verify |
|---|---|---|
| First weeks | Employer per scale/contract | Years of service row in staff rules |
| After scale exhausted | KTG insurer if covered | Waiting days, benefit rate in policy |
| Long absence | IV/EO pathways if applicable | Medical reports, BSV guidance |
Second example: CHF 9,200 salary and a two-week gap
You earn CHF 9,200 monthly and miss ten working days in a month while still inside employer continuation. Employer pay might still show full salary if the scale covers the whole month, or a deduction for unpaid days if the contract allows offset after exhaustion.
Compare the payslip line by line with the staff regulation PDF. A difference of several hundred francs on one slip is worth a written HR query before accepting it as final.
Steps when you fall ill
Notify your employer immediately by phone or the channel they require. Submit a medical certificate when your contract or policy demands it, often from the third calendar day.
Keep copies of certificates. If pay drops, ask HR whether the scale ended or KTG should pay, and request written confirmation.
- 1Inform supervisor/HR the same day if possible.
- 2Obtain medical certificate within contract deadlines.
- 3Confirm whether employer continuation or KTG applies this week.
- 4Compare payslip to policy; challenge errors in writing.
- 5Store all documents for RAV or tax if needed.
Common mistakes on Lohnfortzahlung
Assuming one national week count; duration comes from contract, GAV, or scales under Art. 324a.
Not checking KTG on the payslip until pay stops.
Confusing commuting accidents with sickness; UVG rules differ.
FAQ
- Is there one fixed number of sick-pay weeks nationwide?
- No single statutory week count for all jobs. Art. 324a CO sets the duty; duration often comes from contract, GAV, or referenced scales.
- Does KTG always cover me?
- Only if your employer insured you or you have voluntary daily sickness cover. Check your contract and payslip deductions.
- Can the employer fire me while sick?
- Ordinary termination during illness is sensitive; abusive timing can be challenged. Seek advice for your case.
- Does accident insurance pay instead for commuting injuries?
- Accidents may fall under UVG, not sickness continuation. Report route and time to the employer immediately.
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