I have developed a stress related condition and my doctor is telling me to take long term leave from my work.

I know my company is going through layoffs and I will most likely be terminated in the summer.

My question is if I go on sick leave and then get terminated , will I be able to get unemployment insurance? ( I have worked in CH for two years)

I have heard they can't terminate you while on sick leave but I don't want to go that route, its not fair on the company and I don't want that on my employment record.

Can someone please help or give a lawyer/advice center contact. I am desperate.

Thank you

You will be able to receive money from the unemployment insurance as this is not related to if you’re sick or not.

But you do also not have to have a bad feeling for your employer as your salary will be paid by an insurance when you are long term sick and away from your job. It depends on your employer for how long he has to pay your salary until the insurance will take over. Could be from 3 days until 3 month.

Thanks a lot,

But I worried that taking long term sick leave (especially from stress) will reduce the propect of being employed again.

Maybe I should ask them if they can terminate me now. I don't want be questioned by the employer about my condition. Can they do that?

How long does your Doctor recommend you take off? Does he have to send in a full medical report to your employer? When does your sick-leave begin? I do not think it will affect your future as you could discuss your illness being related to a single one-off incident with future employers. Have you talked to your Doctor about your fears regarding what is written on your medical report as this is not helping your stress condition I'm sure. I understand why this would be a concern but don't you just need to take care of yourself now and leave the future to sort itself out.

However, before you go on sick leave maybe you could -

• ask your Doctor to write up your illness in his medical notes in a way which will limit damage to future employment

• Get a full written reference from your employer now and make up the reason as to why you need it

__________________
"Those who drink to forget, please pay in advance." - Sign at the Hibernian Bar, Cork City.

I would never ask to be terminated as it will most probably have a negative effect on your unemployement support

Hi There,

Your first priority right now is to get better, everything else is secondary to that. If your doctor recommends you to take time off, then that is exactly what you must do.

Now concerning your sick leave - this will not have any major financial effect on your employer, because during sick leave your salary will be covered by some kind of insurance, so they will actually be saving money while you are on sick leave, almost the same as if they had terminated you! Yes it is true that they can not terminate you while on sick leave, but since it is really not costing them anything I doubt it will matter very much.

Stress related illnesses are much more common than you think and when recruiting it is not at all uncommon to come across people who have had these kinds of illnesses in the past. In fact, in some areas of banking, it would almost be unusual to find people who have not had issues in this area! So do not worry about it impacting your future job prospects - it will not! In fact I have never seen any employee reference where the employer discussed the employee's health record - I'm not even sure it would be legal.

On the bright side, perhaps by the time you have recovered, the storm will be over and you will be able to continue working for your present employer. Either way, pay attention to what I said earlier - first priority is to get better, so do what the doctor says.

Good luck with that,

Jim

It is nice to see so much humanity and love out there.

With your information the best thing to do is go see my HR and tell them what the doctor says and be up front about everything. Its all very strange in 24 years of working I don't think I have taken more than 5 sick days.

Thanks again to all of you.

No, the first thing is to get the doctor's certificate and then go see HR, not the other way around, it looks far more genuine that way, just in case they might get the idea that your just testing the water....

Oh and just for information, based on some discussions I had with with friends who work on the audit side, it seems that on average employees take about 3 weeks per year in sick leave, so it seems like you're due a few weeks...

Jim.

I would agree with the statements above. Your employer pays insurance for just this sort of issue so don't feel bad about it even if your HR feel this is a coincidence with its restructuring plan. The fact that you are out sick for a period should not appear on any reference letter at the end of your contract so no worries.

Get the doctors certificate first and then approach HR.

Do be careful though, because even though it won't appear on your reference letter, a prospective employer could call a former employer for references and that could be another ball game.

Also to receive chômage/unemployment you must be considered "employable" at all times during your job search. I'm not sure of the parameters, but it's important to find out what the rules are if you are ill and on chômage at the same time.

Maybe your doctor could indicate that you are only able to work part time ? This way you could stay involved in your job and recuperate and get well.

5 days of sick leave in 24 years.... that's exceptional !
I wish you the very best, get well soon ! kindest regards and hang in there

Firstly, it is not normal practice in Switzerland for a prospective employer to contact your former employer without your permission and even in such case, given the legal situation on references, it would be almost impossible to find anyone who would be willing to discuss anything beyond what is in the reference letter. And in large banks it is usually the policy from HR that such calls will not be accepted. What your suggesting is highly unlikely to occur and is certainly something the OP does not need to be worrying about at this time.

Secondly, as has already been pointed out else where, even if you are sick you will qualify for unemployment benefits, so the OP has nothing to worry about there either.

And finally, if the doctor is suggesting that the OP needs to get away from work, then you can bet the working part time is not going to solve the problem.


Best Regards,

Jim

Mamma mia Jim, this is the 2nd time we politely clash on the same subject, and I really do not wish to contradict you or upset anybody's apple cart for sure.

All I am saying is that it's a good idea to really find out what you're facing and what the rules are for unemployment benefits.

As for prospective employers calling for references.... yes they certainly do....

Given that the OP is under such stress that their doctor is recommending that they need to go on sick leave, making a post that simply repeats the OP's original fears is to say the least unhelpful...

I've worked in the banking sector in Switzerland for almost 20 years and during that time I've been involved in the hirings and terminations at 3 banks and I have yet to find one who would either make or accept such calls without the employees permission. Out of interest how often in Switzerland, have you encountered situations where a prospective employer has made or accepted such calls without the employee's permission?

Jim.

Jim

Thanks Jim.

Jim is correct. An employer in Switzerland will not, due to potential legal issues, comment on a former employee without the approval of the employee. In Switzerland most employers rely mainly on the reference letter.

I think there may be one or two other sectors in Switzerland apart from banking :-)

I respect your knowledge but please be aware that many of the comments you have made are not generally applicable for all sectors or type of jobs.

Kanton Zurich has a free service for advising the workers of their rights. The will provide non binding counseling.

It is the Rechtsauskunft des Arbeitsgerichts [Labor Legal Advise] and it is in the Wengistrasse 30, 8004 Zurich. (tram 2, 3 or Bus 32, stop is Kalbreite). Telefon is 044-248 20 62. It is open Monday, Wednesday and Friday, from 8h30 to 11h00 and 13h30 to 16h00. They can take a max of 12 consults every half day. It is not necessary to make an appointment, but you can contact them at tel 044 248 28 45. It seems that the best is to go there and wait patiently for your turn.

Anyway, on a personal note... having walked that road before, I would strongly advise you to take the sick leave until you feel better. Don't take me wrong, but at this point you are not in the best frame of mind to take decisions and you might end up doing something you will regret latter. Being sick is one of the the few when the law actually protects you.

Rest assured you will not have to discuss this with your employer unless you wish to. Sicknesses are considered confidential and within the personal sphere of the employe. All you will have to do is to provide the employer with a paper signed by the doctor that says that you will have to be away to due to "sickness". No questions asked. These sort of illnesses are more frequent than you would imagine and doctors tend to be very sympathetic and helpful with the situation. Really, it is no shame nor stigma in this.

Just make sure your reference letter is kosher and doesn't have coded sentences like "we wish her lots of health in the future".

One last thing - you can be sick and at the same time, eligible to receive RAV subsidy. You are entitled to 60 days of sick pay if memory serves me well. It is better if you are sacked, rather than quit. Technically, they will not be able to fire you due to sickness. Their ground will be more likely to be as vague as "reorganization reasons". Nor they will be able to say "i fired her because she asked me so". If you quit, you might be penalized by the RAV (you still be entitled to it, only you probably will have to wait sometime before starting to collect).

Again, regardless of whatever you decide to do, time will wash away all this. I totally understand how are you feeling, and though you might believe that thing will not get better, I can tell you they will. Just take one thing at the time and focus to solve things one by one than trying to handle it all the same time.

Best of luck and best wishes!

Lucy, you've settled the situation and have explained things way better than I did.

Anyway.... mmmm Jim, your comments are way too personal. There are many sectors outside of Banking, Jim, and I wish for you that you will always stay with the impression you have, unfortunately it's a bit tougher than that out there. Though I do think your message to Joceline is kind and reassuring and rightfully so, since when you are ill the law fully protects you.

Joceline, I wish you the best and surely you'll find a satisfactory solution. I do believe that anybody as professional as you can only find a good situation. My suggestions reflected my opinion of what I may have done in that situation.

Lucy_sg Thanks, very helpful post. I am actually in Geneva but they must have similar service here.

You are all right I should take the time off and get better which actually means accepting my condition.

I was going to ask the doctor to write one month instead of the two he is recomending. But if you say you are allowed up to 60 days then two months isn't so bad. I will also ask him to avoid giving the reason.

feeling much more positive thank you....

Per the profile the OP works in the banking sector and sense we are dealing with a specific case....

Jim