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  #21  
Old 28.01.2015, 11:55
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Re: Sick Leave Legal Entitlement - Help Needed Please

Hi all, I know this is an old post but I need help.
On the 2nd of February I will start a new job: it is 80% for 9 months. I will get a salary based on the hours worked. The company pays 3.4% for sickness insurance, but I have been asked (it is mandatory) to stipulate a private sick pay insurance (krankentaggeldversicherung).

I checked with my krankenkasse (Assura) and they can insure me only from the 31st day of sickness. I asked the HR department what happens if I am sick for 1/2 days and they told me that if I stay home I will not be paid.

I tried to contact other insurance companies: if I want to be insured from day 1 (which doesn't happen because they insure only from the 3rd) I have to pay a LOT of money (560CHF/month).

Is true that the company has to pay the first 3 weeks of sickness? If so I can stipulate the insurance starting form the 31st day.... and save a bit of money.

I wanted to check the link below (http://www.arbeitsrecht-info.ch/krank.htm) but it doesn't work anymore. Do you have any suggestion about where I can find official information?

Thank you
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  #22  
Old 28.01.2015, 13:14
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Re: Sick Leave Legal Entitlement - Help Needed Please

Note that illness and accident are covered by different insurance.

https://www.ch.ch/en/search/?search_...query=sick+pay

https://www.ch.ch/en/inability-work-...ess-pregnancy/

ch.ch also provides information about:
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  #23  
Old 28.01.2015, 14:45
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Re: Sick Leave Legal Entitlement - Help Needed Please

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Hi all, I know this is an old post but I need help.
On the 2nd of February I will start a new job: it is 80% for 9 months. I will get a salary based on the hours worked. The company pays 3.4% for sickness insurance, but I have been asked (it is mandatory) to stipulate a private sick pay insurance (krankentaggeldversicherung).

I checked with my krankenkasse (Assura) and they can insure me only from the 31st day of sickness. I asked the HR department what happens if I am sick for 1/2 days and they told me that if I stay home I will not be paid.

I tried to contact other insurance companies: if I want to be insured from day 1 (which doesn't happen because they insure only from the 3rd) I have to pay a LOT of money (560CHF/month).

Is true that the company has to pay the first 3 weeks of sickness? If so I can stipulate the insurance starting form the 31st day.... and save a bit of money.

I wanted to check the link below (http://www.arbeitsrecht-info.ch/krank.htm) but it doesn't work anymore. Do you have any suggestion about where I can find official information?

Thank you
Krankentaggeldversicherung is not a mandatory insurance. Companies may or may not undertake one. It makes no sense that they would deduct a proportion of your salary for it, but ask you to undertake a private one as well. Are you sure the 3.4% deduction are not referring to the accident insurance?

Does it say anything about sickness pay (generally I mean) in your contract? Since you're not hired permanently, the rules might be different. You are right to be careful, not only in the first month, but beyond that.

Do you have a probation period in your contract? It's unusual for temporary contracts, but not unheard of. It is normal for companies (or rather the company's insurance) not to cover sick pay during the probation period at all, even for permanent employees, though many will turn a blind eye and pay regardless.

However, bottom line is that companies/the company's insurance do NOT absolutely have to pay the first three weeks of a sickness-related absence and it may well be that they won't.

Please note that if you fall sick during the probation period, you are also not protected against termination of contract.

As Sbrinz says, note that accidents, both occupational and non-occupational, are covered by a different insurance and follow different rules.
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Old 28.01.2015, 18:05
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Re: Sick Leave Legal Entitlement - Help Needed Please

Hi all,
Thanks for the quick reply.
I know accidents and illness are covered by different insurances: I am covered by SUVA in case of accident.

In the contract it is written "Company contribution for sickness insurance (3.4% of the base rate)", so I am pretty confident it is not referred to accident.

About the sick pay it says the following: "Instead of the sick pay XXX GmbH is paying a contribution to a paid sick days insurance which Ms B must conclude on a private basis. The conclusion of such an insurance needs to be proven to XXX GmbH."
It doesn't say anything related to the probation period (1 month), so I think it is extended to the whole 9 months. :-(

Since the insurance that covers from the first day is really expensive, I think I will go for the one my krankenkasse offers me (31st day) and hope not to get ill!

Thanks again
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  #25  
Old 28.01.2015, 18:31
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Re: Sick Leave Legal Entitlement - Help Needed Please

Questions:

1) The company will pay your sickness insurance. Is that correct? Are you sure?
2) Do you have your own sickness insurance? If yes, why is the company providing you with one?
3) What does "Instead of the sick pay XXX GmbH is paying a contribution to a paid sick days insurance which Ms B must conclude on a private basis" mean?

As a side note, do check your possibilities for (early) termination in your sick pay contract very carefully. Those are usually very limited.
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Old 28.01.2015, 21:21
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Re: Sick Leave Legal Entitlement - Help Needed Please

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In the contract it is written "Company contribution for sickness insurance (3.4% of the base rate)", so I am pretty confident it is not referred to accident.

About the sick pay it says the following: "Instead of the sick pay XXX GmbH is paying a contribution to a paid sick days insurance which Ms B must conclude on a private basis. The conclusion of such an insurance needs to be proven to XXX GmbH."
It doesn't say anything related to the probation period (1 month), so I think it is extended to the whole 9 months. :-(
This makes no sense. It can't be "instead". They pay a premium and in case you fall sick, the insurance will cover your wage. But if the company undertakes such an insurance, you won't need one on top of that. The way it's worded I read it as they're paying a premium to some insurance, but in case you fall sick, you still won't get paid. Needless to say this is a pointless procedure. But it might just be a bad wording rather than bad intention. Unless they mean the insurance would cover you, but only to a limited extend (though I admit I'm not sure this is even possible).

That being said, I would ask the company what the above refers to and what it means exactly. Also clarify as to what happens if you fall sick during the rest of your employment. I strongly recommend you check all this upfront, not only might it save you money for an insurance you possibly don't even need, it will also protect you somewhat in case you actually do fall sick at any point during your employment.
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  #27  
Old 29.01.2015, 08:29
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Re: Sick Leave Legal Entitlement - Help Needed Please

I read it as the company pays a small contribution to the employee but they must find their own insurance.
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