Switzerland has no statutory sick pay scheme. There is no national sickness fund paying employees who are off work, no fixed number of paid sick days, and no state benefit that kicks in on a set date. What there is instead is a duty in the Code of Obligations to keep paying salary for “an appropriate period” — and three regional court-made scales that define what “appropriate” means.
Most employers replace that duty with daily sickness benefit insurance (Krankentaggeldversicherung), which is where the real Swiss sick leave answer lives.
Key takeaways
- Article 324a of the Code of Obligations (OR/CO) requires the employer to continue paying salary for a limited period when an employee is unable to work through no fault of their own.
- The entitlement starts only after three months of employment (or a contract concluded for more than three months).
- The minimum is three weeks in the first year of service, rising with seniority under one of three cantonal scales — Bern, Basel, or Zurich.
- Most employers instead take out daily sickness benefit insurance, typically paying 80% of salary for up to 720 days within 900.
- Employees are protected against dismissal during defined blocking periods — 30, 90, or 180 days depending on service length.
Article 324a: continued salary payment
The Code of Obligations makes the employer, not the state, responsible. Where an employee is prevented from working by illness, accident, pregnancy, or statutory obligations, and is not at fault, the employer must continue paying salary for “an appropriate period” (angemessene Zeit).
Two conditions apply before anything is owed:
- The employment relationship must have lasted more than three months, or the contract must have been concluded for a term of more than three months.
- The incapacity must be through no fault of the employee.
The statutory floor is three weeks of full salary in the first year of service. Beyond that, the Code leaves “appropriate” undefined — which is why the cantonal scales exist.
The three scales
Swiss courts developed three regional scales to convert “appropriate period” into a number. Which one applies depends on the canton in which the employment relationship is based. They differ in structure but arrive at broadly comparable outcomes:
| Years of service | Bern scale | Basel scale | Zurich scale |
|---|---|---|---|
| 1st year | 3 weeks | 3 weeks | 3 weeks |
| 2nd year | 1 month | 2 months | 8 weeks |
| 3rd–4th year | 2 months | 3 months | 9–10 weeks |
| 5th–9th year | 3 months | 3 months | 11–15 weeks |
| 10th year onward | 4 months and up | 4 months and up | 16 weeks and up |
These figures are indicative — each scale has its own year-by-year progression and courts apply the scale of the relevant canton. Treat the table as a shape, not a payroll input, and confirm the exact step for the employee’s canton and service year.
Crucially, entitlement under article 324a is per year of service, and the periods are cumulative across absences in the same service year rather than resetting with each new illness.
Daily sickness benefit insurance
In practice, most Swiss employers replace the article 324a obligation with Krankentaggeldversicherung — daily sickness benefit insurance. This is voluntary under federal law but is required by many collective agreements and is close to universal in larger employers.
A typical policy pays:
- 80% of salary (some policies 90% or 100%)
- For up to 720 days within a 900-day period
- After a waiting period of 1 to 90 days, during which the employer pays
The substitution is only lawful if the insurance is at least equivalent to the article 324a entitlement. Swiss courts test this on the whole package: the benefit level, the duration, the waiting period, and who pays the premium. The employer must contribute at least half the premium for the substitution to hold.
If the insurance is not equivalent — for example a 60-day waiting period with no employer-paid bridge — the employer remains liable under article 324a for the shortfall.
Protection against dismissal
Article 336c of the Code of Obligations blocks dismissal during illness for a defined period, after the probation period ends:
| Year of service | Blocking period |
|---|---|
| 1st year | 30 days |
| 2nd–5th year | 90 days |
| 6th year onward | 180 days |
A notice given during a blocking period is void. A notice given before the illness starts is suspended: the notice period pauses for the duration of the blocking period and resumes afterwards, extending to the next month-end where relevant.
The blocking period is separate from the salary continuation period, and they are often different lengths. An employee can still be receiving insurance benefit long after the dismissal protection has expired.
Medical certificates
There is no statutory day from which a certificate is required. The employment contract, staff regulations, or collective agreement set the rule, and most Swiss employers require a certificate from the third or fourth day of absence.
Employers may require a certificate earlier where the contract provides for it, and insurers routinely require one for the benefit to start. The employer may also ask the employee to be examined by a trusted physician (Vertrauensarzt) appointed by the employer or insurer.
Employer obligations
Swiss employers have six core duties:
- Continue paying salary under article 324a once the three-month threshold is met, for the period the applicable scale sets.
- Apply the correct cantonal scale for the employment location and service year.
- Ensure any substitute insurance is at least equivalent, and pay at least half the premium.
- Bridge the insurance waiting period with employer-paid salary where required for equivalence.
- Respect the article 336c blocking periods and never serve notice during them.
- Set certificate requirements in the contract or staff regulations rather than by informal practice.
Common pitfalls
1. Assuming there is a statutory sick pay scheme
There is not. Employers who wait for a state benefit to start discover that the whole obligation sits with them or their insurer.
2. Using the wrong scale
Bern, Basel, and Zurich scales produce materially different results in the middle service years. Applying the group’s default scale to an employee based in another canton produces the wrong figure.
3. Treating the entitlement as per illness
Article 324a entitlement runs per year of service. Multiple absences in the same service year draw down the same allowance.
4. Non-equivalent insurance
A long waiting period with no employer bridge, or an employee-funded premium, breaks the substitution. The employer stays liable under article 324a for whatever the policy fails to cover.
5. Serving notice during a blocking period
A dismissal issued during a 30, 90, or 180-day blocking period is void, not merely delayed. It has to be reissued after the period ends, which usually costs another full notice period.
For more Swiss context, see our guide to annual leave entitlement in Switzerland, the comparison of sick leave across Europe, and the overview of the main types of leave employers manage.
Frequently asked questions
How many paid sick days do Swiss employees get?
There is no fixed number. The employer must continue paying salary for an “appropriate period” under article 324a — a minimum of three weeks in the first year of service, rising with seniority under the Bern, Basel, or Zurich scale.
Is sick pay insurance compulsory in Switzerland?
Not under federal law, but many collective agreements require it and most employers carry it. Where it substitutes for article 324a, it must be at least equivalent and the employer must pay at least half the premium.
How much does daily sickness benefit insurance pay?
Typically 80% of salary for up to 720 days within a 900-day period, after a waiting period the employer usually covers.
Can an employer dismiss someone who is off sick?
Not during the blocking period — 30 days in the first year of service, 90 days in years two to five, and 180 days from year six. Notice served during a blocking period is void.
When is a doctor’s note required?
Whenever the contract, staff regulations, or collective agreement says. Most employers require one from the third or fourth day, and insurers require one for benefit to start.
Does the entitlement reset with each new illness?
No. Article 324a entitlement is calculated per year of service, so repeated absences in the same service year draw on the same allowance.
Putting it into practice
Five checks cover most Swiss sick leave risk:
- Record each employee’s canton and service year so the correct scale step is applied automatically.
- Review your daily sickness benefit policy against article 324a for equivalence, including waiting period and premium split.
- Track cumulative sick days per service year, not per illness.
- Flag the article 336c blocking period before any notice is issued to an absent employee.
- Put certificate rules in the contract or staff regulations, and apply them consistently.
A leave management system that holds the applicable scale per employee, accumulates absence by service year, and warns before notice is served during a blocking period turns Switzerland’s uncodified “appropriate period” into a number your payroll can actually use.
Sources
- Swiss Code of Obligations, articles 324a and 336c (primary source)
- SECO — State Secretariat for Economic Affairs, employment law guidance
- ch.ch — continued payment of salary in the event of illness
Last updated: 26 July 2026. This article is general guidance, not legal advice. Cantonal scales and insurance terms vary — confirm the applicable scale and your policy’s equivalence with a Swiss employment lawyer or your insurer.