Jurilo from Lawise.ai:
When an employee in Switzerland becomes ill, the question quickly arises: Who pays the salary – and for how long? In this article, you will learn how statutory continued salary payment during illness is regulated, how long the entitlement lasts, and what role the scales (Bern, Zurich, Basel) play.
LEGAL BASIS: CONTINUED SALARY PAYMENT DURING ILLNESS
According to Art. 324a CO, the employer is obligated to continue paying the employee's salary if they are prevented from working due to illness through no fault of their own – and the employment relationship has lasted more than three months or was entered into for more than three months.
The obligation to continue salary payment applies:
from the 4th month of an open-ended employment relationship
from the 1st day if the contract is for longer than 3 months from the outset
ILLNESS: SALARY – HOW LONG IS IT PAID?
The duration of continued salary payment is not precisely defined in the law. It merely states that the salary must be paid for a "reasonably longer period". The courts have therefore developed scales that are based on the duration of the employment relationship.
SCALES FOR CONTINUED SALARY PAYMENT: BERN, ZURICH, BASEL
The most important scales for calculating continued salary payment during illness in Switzerland are:
Bern Scale (most commonly applied)
1st year of service: 3 weeks
2nd year of service: 1 month
3rd year of service: 2 months
4th–9th year of service: 3 months
10th–14th year of service: 4 months
15th–19th year of service: 5 months
from 20th year of service: 6 months
Zurich Scale (tends to be more employer-friendly)
year of service: 3 weeks
– 5th year of service: 8 weeks
– 10th year of service: 12 weeks
– 15th year of service: 16 weeks
from 16th year of service: 20 weeks
Basel Scale (similar to Zurich Scale)
year of service: 3 weeks
– 5th year of service: 8 weeks
– 10th year of service: 12 weeks
– 15th year of service: 16 weeks
from 16th year of service: 20 weeks
Which scale applies depends on the court location and partly on the contractual agreement.
CALCULATION OF SALARY AMOUNT DURING ILLNESS
The employer must pay the full salary that the employee would normally have received – including:
Allowances
Commissions
Payment in kind (e.g., accommodation, meals)
For variable salary components, an average value from a representative period is used.
CONTINUED SALARY PAYMENT DURING EXTENDED ILLNESS
If an employee remains ill beyond the end of a year of service, the entitlement is renewed in the new year of service – with the corresponding new scale level. A reduction due to illness in the previous year is not permitted.
DAILY SICKNESS ALLOWANCE INSURANCE AS AN ALTERNATIVE
Many employers take out daily sickness allowance insurance. In this case, the statutory obligation to continue salary payment may be waived if:
the insurance covers at least 80% of the salary
the benefits are provided for the legally prescribed duration
a written agreement with the employee exists
CONCLUSION
Continued salary payment during illness in Switzerland is regulated by law, but the duration depends on court practice. The Bern Scale is the most widespread, while the Zurich and Basel Scales tend to provide for shorter periods. It is important that the salary is calculated truthfully and completely – including all salary components.
👉 Unsure how long your salary must continue to be paid during illness?
Jurilo reviews continued salary payment and scales (CO, Bern/Basel/Zurich) in a legally compliant manner according to Swiss employment law.
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FAQ ON CONTINUED SALARY PAYMENT DURING ILLNESS
From when am I entitled to continued salary payment during illness?
From the 4th month of an open-ended employment relationship or from the 1st day if the contract is for longer than 3 months from the outset.
How long is the salary continued to be paid during illness?
Depending on the year of service and court practice – e.g., 3 weeks in the 1st year, 1 month in the 2nd year (Bern Scale).
Which scale applies to me?
This depends on the court jurisdiction and partly on the employment contract. In German-speaking Switzerland, the Bern Scale is most common.
Must the full salary be paid?
Yes, including allowances, commissions, and payment in kind – for variable salaries, an average is calculated.
What happens if illness extends over the turn of the year?
The entitlement is renewed in the new year of service – with a new scale level. A reduction is not permitted.
Does continued salary payment also apply to part-time work?
Yes, proportionally to the employment level.
What if I am ill multiple times in a year?
Continued salary payment applies per case of illness – with multiple cases, the entitlement can arise multiple times, depending on duration and interruption.
Can the employer take out daily sickness allowance insurance?
Yes, and if it covers at least 80% of the salary, it can replace the statutory continued salary payment – with a written agreement.
Do I have to submit a medical certificate?
Yes, usually from the 3rd day of illness – depending on internal regulations, sometimes earlier.
What should I do if the employer does not pay?
You can assert your claims in writing and, if necessary, enforce them legally – e.g., through the conciliation authority.
Sources:
Art. 324a CO – Continued salary payment in case of prevention from work through no fault of one's own
Court practice on Bern, Zurich, and Basel Scales
Federal Supreme Court rulings on continued salary payment
