Labor law: Sick leave – what does that mean??Illnesses and accidents cause not only physical discomfort, but often also problems with the employer. What you need to know about rights and obligations in the event of incapacity for work.
When you must submit a certificate to your supervisor is usually stated in the employment contract or in a personnel regulation.
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Illnesses and accidents not only cause physical discomfort, but often also problems with the employer. What you need to know about rights and obligations in the event of incapacity for work.
Shorter absences due to cold or flu Employment law Going to work with flu? usually do not cause any difficulties at the workplace. The absence can be easily bridged, you can count on the understanding of the employer. But not all health problems are over in one or two weeks. If a longer period of incapacity to work becomes apparent, if someone is absent from work too often or if there is even a threat of permanent disability, existential fears arise in those affected. Here are the answers to the most frequently asked questions.
When do I have to present a doctor's certificate??
This is not regulated by law. When you have to provide your supervisor with a medical certificate is usually stated in your employment contract Employment contract First read, then sign! or in personnel regulations. If not, you should check with your employer to see what the company's practice is. Usually a doctor's certificate is required from the third day of absence.
My doctor has put me on sick leave for ten days. Can I go back to work earlier if I feel fit??
First consult your doctor so that the doctor's certificate can be adjusted or, if necessary, it can be determined which activities you are allowed to perform at work and which you are not. The employee may not do anything that would delay or hinder his recovery Incapacity for work Walking would be allowed. Decisions made on your own initiative could, in the worst case, lead to a reduction in benefits from a daily sickness benefits insurance company because you did not follow the doctor's instructions and your health is affected as a result.
Employers are also not allowed to simply let employees work due to their duty of care and must adhere to the doctor's certificate. If he urges you to do certain work, point out the doctor's certificate to him.
I am 100 percent employed, but currently on 50 percent sick leave. Due to the large amount of work, I have worked at least 70 percent despite a doctor's certificate. Can I claim overtime compensation now??
No. Overtime is defined as the time worked in excess of the contractual workload. This is not the case with you. The 70 percent is still less than your full workload.
Facebook Live: doctor's certificate from the first day?
Observer expert Irmtraud Braunlich addressed the question of when employees must present a doctor's certificate in our Facebook Live broadcast.
Do I have to tell the employer why I am unable to work?
A doctor's certificate must state the beginning, duration and degree of incapacity for work. It also states whether it is a case of illness, accident or, if applicable, pregnancy. An exact diagnosis is subject to medical secrecy Professional secrecy May attorneys& Co. break their silence? And does not have to tell the employer even in a face-to-face interview. You can therefore decide for yourself whether and how detailed you want to inform the boss or colleagues about your state of health.
My employer does not believe that I am ill and demands that I be examined by a doctor of his choice. Do I have to accept it?
If the boss has doubts about your incapacity for work, he can send you – at his own expense – to a medical examiner of his choice What patients need to know. Talk openly with the medical officer about your problems. He is also bound by medical secrecy and is not entitled to disclose to the employer a diagnosis or other findings made during the examination. His task is merely to confirm your incapacity for work or not.
How long am I entitled to full pay in case of illness?
By law, your employer must continue to pay your salary for a limited period of time – depending on the length of your employment – Continuation of salary in the event of illness Do I have a claim?? . If the details are not regulated in the employment contract or in a collective labor agreement, you can be guided by the scales that individual courts have drawn up – the so-called Basel, Bern or Zurich scale.
Many companies also take out daily allowance insurance, which usually pays 80 or 100 percent of the loss of earnings for 720 days – with a maximum of three waiting days, which are borne by the employee, if necessary. Ask your employer about the exact insurance conditions.
How am I financially covered after an accident??
All employees are compulsorily insured against accidents. Part-time employees No second-class employees who work less than eight hours a week for the same employer, but only against occupational accidents (including commuting to work). In addition to medical and hospital costs, this insurance also covers 80 percent of lost wages (up to a maximum annual income of 148,200 Swiss francs). In case of partial incapacity for work, the daily allowance is reduced proportionally. The daily allowance is paid until the employee is fully able to work or until the award of a disability pension, even if the employment relationship ends in the meantime.
I am on sick leave until further notice due to burnout. In one month we wanted to go on the long booked vacation. My doctor approves of the change of scenery. But what is the legal situation?
Incapacity for work is not always the same as being unfit for vacation. If the doctor gives the go-ahead, you can take the vacations. If you are not only fit to travel but also fit to recuperate, however, your vacation will be fully counted as vacation pay despite your inability to work Vacation pay Your rights and obligations .
Sick leave for the vacations?
Attention: If you are going on vacation abroad, you should find out in advance whether your daily sickness benefits insurance requires an application. In the worst case, it could otherwise cancel the daily allowance for the vacation period.
I work part-time in a nursery. In addition, I earn some extra money in my private pottery studio. Now the doctor has given me one hundred percent sick leave because of back problems. May I still sell my pottery in my free time?
Your doctor must decide what you can and cannot do. According to the Federal Supreme Court, a doctor's certificate attesting to incapacity for work always refers to the activity to be performed by the employee in a specific position. It is quite possible to be fully or partially fit for another job. If necessary, ask the doctor to clarify the certificate. Read more about this in the article at Guider "Partially unable to work: How much do I have to work?" (exclusively for Observer subscribers). You have a legal problem. Need support? GetYourLawyer – the lawyer platform in partnership with the Observer – helps you find a suitable employment lawyer.
Can I be dismissed while I am incapacitated for work??
For a time, you are protected from dismissal in the event of total or partial incapacity for work Incapacity for work Sick… and dismissed . The following notice periods apply (from the beginning of the incapacity for work): 30 days in the 1. Year of service, 90 days from 2. up to and including 5. Year of service, 180 days from 6. Year of service.
Any notice of termination given by the employer during these periods is invalid. In such a case, the boss should be made aware of his mistake by registered letter. The employee continues to offer his work performance (see sample letter below). This is the only way you would continue to receive wages until the ordinary termination of the contract, even if the boss rejects your job offer and you are released from work Termination What applies in the event of release from work? .
However, as soon as the blocking period has expired or you are able to work one hundred percent again, termination is permitted – even if you are still undergoing medical treatment. If the inability to work only occurs during the notice period, the notice period is suspended for the duration of the inability to work – at the longest until the end of the suspension period. The employment relationship is extended accordingly. Ends at the end of the following month.
If you fall ill or have an accident during the notice period, you should inform the employer yourself that the employment relationship will be extended as a result. Observer subscribers receive a useful sample form "Extension of the notice period due to incapacity for work", which can be handed over to the employer by registered mail. I have given notice myself. Went on sick leave for three weeks shortly thereafter. My employer thinks I have to make up the missed time. Is that right? No, you do not have to. Since you have given notice yourself, the illness does not change the duration of the notice period. An extension of the notice period Sick leave – do I have to do extra work?? would only have taken place if the termination had originated from the employer.
The daily sickness benefits insurance of my employer wants a power of attorney from me in order to be able to inspect medical records of doctors, insurance companies and authorities. Do I have to sign this?
You have a duty to cooperate with the insurance company. That is, you must ensure that the insurer can verify that it is justified in providing benefits. As a rule, he can only do so if you authorize him to inspect the relevant files.
But you can ask the insurer for and give individual powers of attorney. This will give you a transparent view of what information the insurer wants to obtain about you and from which office. Another, but possibly tricky, option would be to limit the power of attorney if it goes too far for you. For example, you can only authorize the insurer's medical officer to obtain information from the treating physician. However, discuss this with the insurer. Negotiate a solution. Otherwise, you risk the insurer stopping benefits – on the grounds that you breached your duty to cooperate.
I was dismissed after the end of the waiting period, even though I am still ill. The daily sickness benefits insurance will continue to pay?
It depends on the insurance contract. If your insurance coverage ends when you leave the company and you are unemployed, you can transfer your previous employer's daily sickness benefits insurance to an individual insurance policy. They then continue to receive the insured daily allowance, but must pay the expensive premiums out of their own pockets.
I am in poor health and fear that I will no longer be able to return to my strenuous job. What to do?
If you have already been unable to work for more than 30 days, you should register with the relevant IV office for a so-called early assessment. The IV will contact you and clarify whether disability is imminent without appropriate measures. The IV will also check whether there are employment opportunities for you with your current employer or whether another job can be found for you. Measures of early intervention are, for example, adaptation of the workplace, courses, job placement or vocational counseling. If you can no longer be reintegrated into working life, the question of a disability insurance pension arises This is what you need to know about disability pensions .
Attention: The early notification is not the same as the IV application. In order not to lose any benefits, you should submit your IV application for integration or pension within the first six months of your incapacity for work at the latest. I have become permanently unable to work. Have lost my job. The application for an IV pension is in progress. Where can I get financial support until the IV makes a decision?? If you are nevertheless able to work at least 20 percent of the time, at least on a trial basis, in a job adapted to your condition, you should apply for unemployment insurance during the waiting period Job loss Are you entitled to unemployment benefit? register. This will not hurt your chances of receiving an IV pension. This is because there is coordination between disability and unemployment insurance to prevent disabled people from falling into a financial hole. Until a decision is made on any pension entitlements, unemployment insurance is responsible for the time being. If it later turns out that you are entitled to an IV pension, the IV will first settle with unemployment insurance. This means that the pensions to which you are entitled for the period in which you are receiving daily benefits will be used for repayment to the unemployment insurance fund.
However, if you cannot work at all, you are not employable and will not receive advance benefits from unemployment insurance. If you find yourself in financial difficulties due to a lack of daily sickness benefits or an end to continued payment of wages, you can apply for social assistance Social assistance – What rights do I have?? Apply.
In the event of an illness or accident, employees have rights and obligations. For how long do you continue to receive wages when you are unable to work? Can the boss simply terminate the contract?? What can you still do in your free time with a doctor's certificate?? Guider gives Beobachter subscribers answers to these and other questions.
