SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Irène Suter-Sieber, Jonas Knechtli and Gustaf Heintz, Walder Wyss
1.5 Other Employment Terms Vacation
and may not avoid an absence for this purpose through reasonable means, the employee remains entitled to their full compensation as in connection with other legal obligations. Moreover, and poten - tially in addition to that, an employee is entitled to fully paid short-term leaves of up to three days per incident and a maximum of ten days per year in order to take care of a family member or partner living in the same household with a health impair - ment (and actually requiring care by the employee). Eventually, working parents of a minor child whose health is seriously impaired due to an illness or accident are generally (jointly) entitled to a care leave of up to 14 weeks per incident and care allowances of 80% of the previous average income (but not more than CHF220/day) during such care leave. • Maternity – Female employees are exempt from the obligation to work for 14 weeks after giving birth. To the extent that the Labour Act applies (see 1.1 Employee Status ), the respective exemption is 16 weeks, and the employee is even prohibited from working during the first eight weeks. During the first 14 weeks, the employee is generally entitled to receive maternity allowances of 80% of the previ - ous average income (but not more than CHF220/ day). Should the new-born require hospitalisation, said allowance entitlement may be extended up to 22 weeks in total. • Parenthood – After the birth of their child, male employees (or female employees when they are the non-birthing parent) are exempt from the obligation to work for two weeks within the first six months after the child’s birth. During such parental leave, the employee is generally entitled to receive paren - tal allowances of 80% of the previous average income (but not more than CHF220/day). • Adoption – Working parents who take in a child under the age of four for adoption are generally (jointly) entitled to an adoption leave of two weeks within the first year after taking in the child. During such adoption leave, the employee is entitled to receive adoption allowances of 80% of the previ - ous average income (but not more than CHF220/ day). • Customary hours and days off – The employee is entitled to the customary hours and days off for dealing with urgent personal matters (such
An employee is entitled to at least four weeks of fully paid vacation per year (five weeks if the employee is under the age of 20), at least two weeks of which must be taken consecutively. The timing of the employee’s vacation is determined by the employer, although the employer must take due account of the employee’s wishes. The vacation entitlement is mandatory and may not, in principle, be replaced by monetary or other benefits during the employment. Subject to exceptional cir - cumstances, (financial) compensation is only possible at the end of the employment. Other Absences As a general rule, the employee is only required to perform their work to the extent that this can reason - ably be expected from them. However, the fact that an absence is justified does not necessarily mean that it is also paid. The most practically relevant reasons for an absence are as follows. • Illness, accident, legal obligations, public duties and pregnancy – If an employee is prevented from working by one of these (or equivalently severe) personal circumstances without being at fault, they remain entitled to their full compensation for a limited time, depending on (and increasing with) their years of service, but only if the employment has lasted or was concluded for longer than three months. Provided that the chosen alternative solu - tion is no less favourable to the employee, it is pos - sible to deviate from this rule (in writing) in employ - ment contracts, standard employment contracts or CBAs. In connection with absences whose finan - cial consequences are already covered by compul - sory insurance (eg, in connection with accidents, disability and official duties), the employer is only obliged to pay the potential difference between the insurance benefits and 80% of the employee’s compensation. • Family responsibilities – To the extent that an employee is legally obliged to care for close rela - tives (ie, children, spouses and registered partners)
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