Under what circumstances can a Swiss corporation legally request an employee's medical documentation?
Taking a Sick Day: The Lowdown on Swiss Labor Law
In Switzerland, taking a day off due to sickness isn't as straightforward as it may seem. Sure, you've got your statutory annual leave, but what about when you're under the weather?
Struggling to get out of bed? Fear not—you can request time off for health issues, and we've got the lowdown on what you need to know.
But what happens when you're too ill to go to work?
Eventually, you'll need to show proof of your incapacity to work. That's where the medical certificate comes into play.
The law doesn't specify when exactly a doctor's note is required, leaving it to your employer to decide. Most companies ask for such a certificate after an absence of three to four days, but some may want it right from day one.
Of course, you wouldn't be left guessing—the details are usually outlined in your employment contract or the collective labor agreement, if your company has one. Miss the deadline, and your employer isn't obligated to continue paying your salary.
What information should a medical certificate include?
Whether you submit it via email or a good ol' fashioned paper form, it should include essential info like the date and reason for the consultation, any tests performed, diagnosis, and—crucially—how long you'll be absent from work. It should also be dated and signed by your doctor. Most doctors' practices provide template letters for this purpose.
What if you can't make it to the doctor's office?
If you can't get a ride, ask your doctor if they make house calls. It's a rarity these days, especially in cities, but some physicians still provide this service for their regular patients. If that's not an option, maybe a phone or video consultation could be arranged, though it's not as effective as an in-person exam.
Can you be fired while sick?
If you don't submit a medical certificate within the requested timeframe by your employer, you're at risk of termination. But even if you provide the doctor's note, it doesn't guarantee your job will still be there when you're feeling better.
Your boss must keep you on for:
- 30 days in the first year of work
- 90 days from the second to the fifth year of work
- 180 days from the sixth year of work
The only exception is if you get sick during the trial or probation period, which can be from one to three months after starting a new job. In that case, the employer has the right to terminate your contract.
A Few Additional Facts
- Employees must immediately inform employers about their incapacity to work, providing continuous updates throughout their absence[1].
- Standard European practices suggest medical certificates should include personal details, diagnosis, prognosis, doctor's contact information, signature, and stamp[4].
- Companies may implement stricter policies requiring earlier documentation, particularly in safety-sensitive roles[1][5]. The Swiss Federal Court emphasizes that failure to properly notify employers about absences could constitute grounds for termination[1].
- Workers insured in Switzerland but falling ill abroad in EU/EEA countries must get immediate local medical certification and maintain Swiss social security coverage through A1/S1 forms[4].
- Under Swiss labor law, when a patient is too ill to go to work, they must eventually provide a medical certificate to prove their incapacity.
- The medical certificate should include essential information such as the date and reason for the consultation, any tests performed, diagnosis, and the duration of the absence, all dated and signed by the doctor.
- If a patient cannot make it to the doctor's office, they can ask if the doctor makes house calls or arrange a phone or video consultation, though an in-person exam is more effective.
- If a patient does not submit the medical certificate within the requested timeframe by the employer, they may be at risk of termination, but an employer must still hold the job for at least 30 days in the first year, 90 days from the second to the fifth year, and 180 days from the sixth year, except during the trial or probation period.
- Aside from the standard requirements, companies may implement stricter policies requiring earlier documentation, particularly in safety-sensitive roles, and employees must immediately inform their employers about their incapacity to work, providing continuous updates throughout their absence.
