Sick leave rights in Switzerland: what employees are entitled to in 2026
Switzerland's sick leave protection for employees is robust by international standards, but operates differently from systems in France or the UK. There is no state sick pay system; instead, the obligation falls directly on the employer, reinforced by mandatory sickness insurance and the Code of Obligations. The length and level of salary continuation during illness scales with your seniority in the company, and a parallel protection system prevents dismissal during illness for a defined period. Understanding these mechanisms from day one of employment is essential — and they are most relevant precisely when you are least equipped to research them.
- Employer must pay salary during illness — duration depends on years of service (Bernese scale).
- Year 1: salary paid for 3 weeks; Year 2–3: 1 month; Year 4–5: 2 months; scaling upward.
- Most employers have IJM insurance extending salary to 720 days at 80% — this is standard, not a luxury.
- Medical certificate: required from day 1 in most cantonal practices; some contracts allow 3-day grace period.
- Protection from dismissal during illness: 30 days in year 1, 90 days from year 2–5, 180 days from year 6.
- Notice given during illness: notice period is suspended for the duration of protected period.
Employer salary obligation: the Bernese scale
The Code of Obligations does not specify exact sick pay durations — it states that the employer must pay salary for "a reasonable period" scaled to years of service. Courts have settled on the "Bernese scale" as the reference: 3 weeks in year 1, 1 month in year 2, 2 months in years 3–4, 3 months in years 5–9, and scaling upward for longer service. Other cantons (Geneva, Zurich) use slightly different scales, but all converge on substantially more protection than these minimums.
The practical significance: if your employer does not have IJM collective insurance (see below), they must pay full salary for the minimum period from the Code of Obligations. After that period, they are legally entitled to stop — which would be catastrophic for a serious illness. This is why IJM insurance matters.
IJM insurance: the 720-day safety net
The vast majority of Swiss employers subscribe to a collective sickness indemnity insurance (assurance d'indemnités journalières maladie, IJM). This insurance extends salary continuation to 730 days (2 years) at 80% of gross salary, starting from the first day of absence. For employees, this means: even a serious illness requiring months of absence will be covered at 80% salary for up to 2 years, with no gap between employer obligation and insurance take-over. The premium (typically 1–2% of gross salary) is often split 50/50 between employer and employee — you will see it on your payslip as "IJM" or "indemnité journalière."
After 720 days, the social protection system takes over: AVS disability (AI) assessment begins, and long-term disability insurance (invalidity) may apply if you are permanently unable to work. These processes take 18–24 months — it is worth understanding them before they become necessary.
Protection from dismissal during illness
Swiss law explicitly prohibits termination of employment during defined periods of medical incapacity: 30 days in the first year of service, 90 days from years 2–5, 180 days from year 6 onwards. Any notice of termination sent while you are on sick leave within these protected periods is null and void. A notice received during illness is automatically suspended — it only begins to run from the end of the protected period.
However — and this is important — the protection is temporary, not permanent. Once the protection period ends and you are still unable to work, the employer can give notice and the notice period begins to run, even if you remain ill. This is the scenario that leads to the "termination while sick" situation which some employees misunderstand as illegal — it is only illegal within the specific protected window.
Medical certificates and employer requirements
Most Swiss employers require a medical certificate from the first day of sick leave, though some contracts allow a 3-day self-certification period. The certificate must be issued by a licensed physician (your general practitioner or a specialist). Certificates from foreign doctors are generally accepted if the illness occurs abroad, but expect your employer to follow up, particularly for absences exceeding one week. If your employer has doubts about the validity of sick leave (a pattern of Monday absences, extended absences that cannot be explained), they may request an independent medical examination by a doctor of their choosing — this is legal.
Frequently asked questions
Am I entitled to full salary during sick leave?
During the employer's direct obligation period (Bernese scale), yes — full salary. Once IJM insurance takes over (which happens immediately in most cases with a standard IJM policy), the rate drops to 80% of gross salary. Some premium IJM policies maintain 100% — check your contract or HR policy. The transition from employer obligation to IJM insurance is typically seamless and transparent to the employee.
Can I be fired while on sick leave?
Not during the protected period (30 days/year 1, 90 days/years 2–5, 180 days/year 6+). A dismissal issued during this window is null and void — any notice period is suspended. After the protected period ends, termination is possible even if you remain ill. If you receive a termination letter while sick, seek legal advice immediately to understand which protection period applies to you.
What happens to my annual leave entitlement during a long illness?
Long-term illness can reduce your annual leave entitlement pro-rata in some circumstances — but only after a full absence of more than one month. Courts have held that full-year absences due to illness can reduce leave entitlement to the minimum legal requirement. In practice, most employers maintain the full leave entitlement during sick leave for the first year of absence. Review your contract and CCT for the specific terms applicable to your situation.